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· 12/19/1898

State v. Auchard

Citations

  • 22 Mont. 14
  • 55 P. 361
  • 1898 Mont. LEXIS 171

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a petition must submit evidentiary documents containing sufficient operative facts to demonstrate that trial counsel was ineffective and the prejudicial effect thereof before a hearing is granted
  • “the pivotal concern is whether there are substantive grounds for relief which would warrant a hearing based upon the petition, the supporting affidavit and the files and records of this cause”
  • noting “a hearing is not automatically required”

Source: CourtListener parenthetical corpus (CC0).

Judges: Curiad

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.