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STATE v. JOHNSTON

No. DA 09-0352.

237 P.3d 70 (2010)

2010 MT 152

STATE of Montana, Plaintiff and Appellee, v. Kalem JOHNSTON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 13, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender; Jennifer A. Hurley, Assistant Appellate Defender; Helena, Montana.

For Appellee: Steve Bullock, Montana Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Montana, Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Kalem Johnston (Johnston) was convicted after a jury trial in the Tenth Judicial District Court, Fergus County, of obstructing a peace officer in violation of § 45-7-302, MCA. He appeals, and we reverse and remand for a new trial.

¶ 2 We state the issue as follows:

¶ 3 Did Johnston's trial counsel render ineffective assistance by failing to object to the jury instruction...

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