Montana Supreme Court

D. Burchill v. State

February 6, 2024415 Mont. 129

Summary

The Montana Supreme Court affirmed the district court's denial of Duane Burchill's post‑conviction relief petition, holding that the procedural bar applied, counsel’s failure to object to the prosecutor’s “were they lying” questions was not deficient performance, and the prosecutor’s “you could just tell the truth” question did not constitute improper misconduct. The Court relied on the Strickland two‑pronged test and prior Montana precedent on the permissibility of such questions.