State v. Jared Williams
2015 MT 247
| Mont. | 2015Background
- Jared R. Williams was T.W.’s guardian/conservator and had control of T.W.’s monthly Social Security survivor benefits and an inheritance from T.W.’s grandmother.
- Williams withdrew substantial monthly Social Security payments (about $700/month attributed to T.W.) and took interim and final estate distributions, leaving the inheritance nearly depleted.
- Williams admitted to using T.W.’s funds for household expenses, vehicle purchases, loans to himself, trips, and other items; he provided little or no documentation or evidence the expenditures benefitted T.W.
- Williams was charged with felony theft under § 45-6-301, convicted by a jury, and sentenced as a persistent felony offender to 25 years (15 suspended) plus $25,000 restitution.
- At trial defense counsel did not object to the State’s proposed jury instructions; Williams appealed claiming (1) plain error for omission of the statutory "purpose to deprive" element in one instruction, and (2) ineffective assistance for failing to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court committed plain error by omitting the "purpose to deprive" element from Instruction No. 9 | State: Instructions read as a whole (Instruction No. 8 included element); any omission harmless given overwhelming evidence | Williams: Omission reduced State’s burden, warranting plain error review and reversal | Court declined plain error review: although Instruction No. 9 was defective, instructions as a whole included the element and evidence of intent was overwhelming; no review warranted |
| Whether counsel rendered ineffective assistance by not objecting to the defective instruction | State: No prejudice because outcome would not differ; instructions as a whole were correct and evidence overwhelming | Williams: No plausible justification for failing to require the jury find the intent element; prejudice resulted | Court rejected ineffective-assistance claim under Strickland: no reasonable probability outcome would differ; prejudice not shown |
Key Cases Cited
- State v. Myran, 289 P.3d 118 (Mont. 2012) (instruction review: jury instructions must fully and fairly state the law)
- State v. Lundblade, 625 P.2d 545 (Mont. 1981) (failure to instruct on elements of felony theft warranted reversal)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)