State v. Mitchell
2012 MT 227
Mont.2012Background
- Mitchell was convicted in Missoula County of one count of felony aggravated assault under § 45-5-202, MCA.
- Mitchell argued plain error due to law enforcement failing to investigate his justifiable use of force claim under § 45-3-112, MCA.
- Mitchell also argued ineffective assistance of counsel because trial counsel did not move to dismiss.
- Investigating officers observed Mitchell continuing to choke the other man; Corbin had a multi-tool on his belt.
- Evidence included testimony that Corbin reached for a multi-tool; officers did not confiscate it as evidence but testified it could be used as a weapon.
- Trial involved witnesses and officers who acknowledged Mitchell’s self-defense arguments and the potential knife/tool issue; the jury was instructed on justifiable use of force.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law enforcement’s failure to investigate under § 45-3-112 warrants plain error reversal | Mitchell | State | No plain error warranting reversal |
| Whether trial counsel was ineffective for not moving to dismiss based on failure to investigate self-defense | Mitchell | State | No ineffective assistance; no prejudice shown |
Key Cases Cited
- State v. Cooksey, 286 P.3d 1174 (Mont. 2012) (statutory duty aligned with thorough investigations; no new independent duty under § 45-3-112)
- State v. Ellison, 272 P.3d 646 (Mont. 2012) (plain error review limited; requires constitutional rights impact)
- State v. West, 194 P.3d 683 (Mont. 2008) (plain error review rare and case-specific)
- State v. Norman, 244 P.3d 737 (Mont. 2010) (firm conviction that plain error review requires fundamental fairness impact)
- State v. Gunderson, 237 P.3d 74 (Mont. 2010) (IAC mixed questions of law and fact; Strickland standard)
- State v. Whitlow, 183 P.3d 861 (Mont. 2008) (Strickland prejudice and strong presumption of reasonable assistance)
- State v. Jefferson, 69 P.3d 641 (Mont. 2003) (Strickland prejudice requiring showing of outcome probability)
- State v. Lindberg, 196 P.3d 1252 (Mont. 2008) (plain error review framework)