State v. Lindsey
2011 MT 46
| Mont. | 2011Background
- Lindsey was charged in Dec 2007 with sexual offenses against very young victims; information filed in district court under § 41-5-206, MCA.
- Public Defender represented Lindsey; district court later noted absence of a § 41-5-206(3) transfer hearing.
- District court considered transferring to youth court; Dr. Stratford evaluated Lindsey and recommended extended jurisdiction dual sentencing if possible.
- Lindsey and attorney indicated agreement in support of a dual youth court–adult sentence; plea negotiations later modified charges via a plea agreement.
- Lindsey pleaded guilty to amended felony sexual assault; another charge dismissed; plea form stated no guaranteed sentence; court advised of potential maximums.
- Change-of-plea hearing proceeded; transfer issue discussed but Lindsey waived transfer to youth court; plea accepted; sentencing schedule set later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer hearing delay warranted dismissal | Lindsey: due process requires timely transfer hearing. | Lindsey: waived transfer rights; lack of timely hearing insufficient for dismissal. | Waiver and jurisdictional status preclude dismissal; no due process violation requiring dismissal. |
| Whether trial court erred in denying withdrawal of guilty plea | Lindsey asserts plea was involuntary due to coercion/ineffective representation. | Lindsey argues involuntariness; new counsel later contends otherwise. | District court's denial affirmed; plea held knowing and voluntary. |
| Whether court failed to respond to Lindsey's request for new counsel | Lindsey requested new counsel due to dissatisfaction. | District court acted within discretion; letter insufficient to compel remedy. | No abuse of discretion; no prejudicial impact shown. |
| Whether ineffective assistance by first attorney for not moving to dismiss due to untimely transfer | Failure to move to dismiss because transfer late prejudiced Lindsey. | Statute has no automatic dismissal sanction; no prejudice shown. | No Strickland prejudice; ineffective assistance claim fails. |
Key Cases Cited
- State v. Turcotte, 164 Mont. 426 (Mont. 1974) (plea validity may waive pre-plea defects)
- State v. McKee, 2006 MT 5 (Mont. 2006) (timing of transfer hearing addressed)
- State v. Butler, 1999 MT 70 (Mont. 1999) (transfer hearing grounded in due process concerns)
- State v. Usrey, 2009 MT 227 (Mont. 2009) (plea voluntariness and required analysis)
- State v. Brinson, 2009 MT 200 (Mont. 2009) (voluntariness assessment of guilty pleas)
- State v. Pavey, 2010 MT 104 (Mont. 2010) (record-supported voluntariness and pre-plea conduct)
- State v. Hendershot, 2007 MT 49 (Mont. 2007) (agency discretion on attorney complaints and hearings)
- State v. Dewitz, 2009 MT 202 (Mont. 2009) (nonjurisdictional nature of certain claims; remedies)
- State v. Strong, 2010 MT 163 (Mont. 2010) (dismissal rarely warranted; egregious conduct required)
- State v. Schauf, 2010 MT 281 (Mont. 2010) (dismissal as remedy under governmental misconduct)