Terronez v. Davis, Hatley
2022 MT 85N
| Mont. | 2022Background
- Terronez was charged with sexual intercourse without consent of a five‑year‑old and was tried in a high‑tension proceeding with notable security concerns.
- On the seventh day of trial he entered a guilty plea to the lesser‑included felony (sexual assault); his trial counsel, Jeffry Foster (of DHHT), died by suicide the next morning.
- With new counsel Terronez successfully moved to withdraw the guilty plea; the district court found "good cause," and this Court affirmed withdrawal based on the extreme events surrounding the trial (though not on a definitive finding of ineffective assistance).
- On remand Terronez later entered an Alford plea to felony sexual assault and was sentenced to ten years in prison.
- Terronez sued DHHT for legal malpractice/negligent supervision, claiming Foster’s deficient representation caused economic and non‑economic harms from the guilty plea and related proceedings.
- The district court granted summary judgment for DHHT on collateral estoppel grounds; the Montana Supreme Court affirmed on an alternative ground: Terronez’s subsequent Alford plea prevents him from proving causation and damages required for malpractice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars the malpractice claim because Terronez’s IAC claim failed on appeal | Terronez: IAC burden differs from civil malpractice burden; collateral estoppel should not preclude his malpractice suit | DHHT: Prior unsuccessful IAC claim precludes relitigation of same issues via collateral estoppel | District court held collateral estoppel; Supreme Court did not decide estoppel and affirmed judgment on an alternative ground (see below) |
| Whether Terronez’s later Alford plea precludes proving causation/damages for malpractice | Terronez: Alford plea does not sever causation; he can still show malpractice caused his losses | DHHT: Alford plea is a guilty plea that breaks the but‑for causal chain—he would have the same outcome despite any prior negligence | Held for DHHT: Alford plea constitutes a second guilty plea to the same offense and therefore prevents Terronez from proving but‑for causation and damages for malpractice |
Key Cases Cited
- State v. Terronez, 389 Mont. 421 (reciting criminal‑trial facts and withdrawal of guilty plea)
- Fang v. Bock, 305 Mont. 322 (attorney error but subsequent plea produced same deportable outcome; no but‑for causation for malpractice)
- Labair v. Carey, 367 Mont. 453 (elements of legal malpractice follow negligence: duty, breach, causation, damages)
- Carlson v. Morton, 229 Mont. 234 (standard of care for attorney malpractice)
- Lorash v. Epstein, 236 Mont. 21 (attorney‑client relationship establishes duty)
- Lawrence v. Guyer, 395 Mont. 222 (Alford plea is nevertheless a guilty plea)
- Clark v. Baines, 84 P.3d 245 (Washington case on collateral estoppel and Alford plea, discussed but distinguished)
- Rafanelli v. Dale, 292 Mont. 277 (standard of review for summary judgment)