Kenneth Leroy Whitlow, Petitioner and Appellant v. State of Montana, Respondent and Appellee

Summary

The Montana Supreme Court affirmed the denial of Whitlow’s postconviction petition, holding that counsel’s performance during voir dire regarding jurors J.B. and E.F. was not constitutionally deficient. The court replaced Montana’s prior “ignorance or neglect” formulation with an objective-reasonableness standard measured against prevailing professional norms and viewed in light of the circumstances at the time. Because Whitlow failed to establish deficient performance, the court did not reach prejudice or the separate structural-error issue.