Morrison

I. BACKGROUND

A State trial court proceedings

On September 18, 1990, Morrison was charged with having sexual intercourse without consent in violation of Mont. Code Ann. § 45-5-503. During the arraignment, the court appointed counsel for Morrison. On October 29, 1990, Morrison wrote a letter to the trial judge, requesting new counsel and com- plaining that he had not yet met with his attorney, Adams, to review his case. The court responded on November 1, 1990, with a letter to Adams that enclosed the letter from Morrison and stated “Please see Mr. Morrison about this matter. Please see me about this matter.” Nothing more about this matter appears in the record until after trial, but it is apparent that Adams continued to represent Morrison.

Following trial, a jury convicted Morrison of the charges against him. Prior to sentencing, Morrison again made a MORRISON v. MAHONEY 2143 request for new counsel, which the court denied without a hearing. The court, however, appointed co-counsel and con- tinued the sentencing hearing for one week. Morrison was sentenced to 20 years in prison plus three additional years for use of a weapon during the rape. He was…