State v. Miner, 2012 MT 20

Miner was convicted of assault on a peace officer in Missoula County, Montana.
The incident occurred on August 10, 2010, involving Officer Kurt Trowbridge at a residence trespass scene.
Trowbridge stopped Miner, who spoke on her cell phone and refused requests, resulting in an assault when Miner struck him.
A DUI reference appeared in an in-car video; the State redacted DUI mentions before trial, and the court discussed admissibility in chambers.
During trial, jurors were admonished to disregard a DUI reference; two officers testified with overlapping DUI-related statements, which the court addressed.
Miner appealed claiming ineffective assistance of counsel for not moving for a mistrial over the inadvertent DUI references; the Montana Supreme Court affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s failure to move for a mistrial was ineffective.	Miner argues failure to seek mistrial prejudiced the defense.	State contends overwhelming evidence rendered any prejudice negligible.	No prejudicial effect; mistrial not required; conviction affirmed.

State v. Ford, 278 Mont. 353, 926 P.2d 245 (Mont. 1996) (overwhelming evidence can cure prejudice from improper testimony)
State v. Walker, 280 Mont. 346, 930 P.2d 60 (Mont. 1996) (overwhelming guilt can sustain verdict despite errors)
State v. Scarborough, 2000 MT 301, 14 P.3d 1202 (Mont. 2000) (probation evidence is mitigated by defense and overwhelming evidence)
State v. Partin, 287 Mont. 12, 951 P.2d 1002 (Mont. 1997) (mistrial appropriate when inadmissible evidence is prejudicial)
State v. Conrad, 241 Mont. 1, 785 P.2d 185 (Mont. 1990) (jury admonishments can cure minor prejudice)
Whitlow v. State, 2008 MT 140, 343 Mont. 90, 183 P.3d 861 (Mont. 2008) (ineffective assistance standard; Strickland framework)
Gunderson, 2010 MT 166, 357 Mont. 142, 237 P.3d 74 (Mont. 2010) (mixed questions of law and fact in ineffective assistance review)