Whalen v. State
2017 MT 239N
| Mont. | 2017Background
- In 2009 Whalen, a licensed school-bus driver, struck a 15-year-old in a crosswalk, checked the victim, left the scene, was later arrested for DUI and causing serious bodily injury.
- In 2010 Whalen pled guilty to negligent vehicular assault and criminal endangerment pursuant to a plea agreement; other charges were dismissed; he received concurrent six-year commitments with 18 months suspended.
- Whalen appealed; this Court affirmed in State v. Whalen (2013). He completed probation in 2016.
- In 2014 Whalen timely filed a petition for postconviction relief (PCR) and a motion to withdraw his guilty pleas; after a three-day evidentiary hearing the District Court denied relief in a 29‑page order.
- Whalen argued his pleas were involuntary due to ineffective assistance of counsel (IAC), unlawful incarceration that prevented effective defense, and that this Court improperly refused to stay his initial appeal to allow plea withdrawal; the District Court found counsel’s performance reasonable and the pleas knowing, voluntary, and intelligent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty pleas (voluntary/knowing) | Whalen: pleas involuntary due to counsel errors and inducement | State: thorough plea colloquy, written waiver, factual admissions, defendant sophisticated and understood consequences | Court: Pleas were knowing, voluntary, intelligent — no good cause to withdraw |
| Ineffective assistance of counsel (IAC) | Whalen: multiple counsel errors (insufficient investigation, failure to challenge breath test, coercion into plea) | State: counsel acted reasonably given admissions, calibrated breath test, client-directed strategy, cost refusal for experts | Court: Counsel’s performance within objective reasonableness; Whalen failed Strickland burden |
| Prejudice from counsel errors (Strickland second prong) | Whalen: would not have pled but for counsel’s failings | State: no reasonable probability of different outcome; defendant elected plea strategy | Court: No demonstration that errors likely changed outcome; prejudice not shown |
| Procedural/jurisdictional claim re:stay of appeal and re-assumption of jurisdiction | Whalen: this Court’s refusal to stay initial appeal denied remedy to seek plea withdrawal | State: procedural rules and prior appellate history constrained relief | Court: Claim untimely/improperly raised; District Court correctly declined to consider it |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑prong test for ineffective assistance of counsel)
- State v. Brinson, 351 Mont. 136 (2009) (plea involuntariness is good cause to withdraw plea)
- State v. Warclub, 327 Mont. 352 (2005) (standard for knowing, voluntary, intelligent plea waiver)
- Cobell v. State, 320 Mont. 122 (2004) (burden to prove plea involuntary by preponderance; prejudice standard guidance)
- Miller v. State, 365 Mont. 264 (2012) (IAC claims and counsel’s obligation not to raise every nonfrivolous issue)
- McGarvey v. State, 375 Mont. 495 (2014) (standard of review for PCR findings)
- State v. Whalen, 368 Mont. 354 (2013) (prior appeal summarizing procedural and substantive history)