Katie Garding v. Montana Department of Corrections

facts supporting its holding was also reasonable. The panel held that the Montana Supreme Court reasonably rejected Garding’s Brady claims, and thus deferred to the Montana Supreme Court as 28 U.S.C. § 2254(d) requires. The Montana Supreme Court reasonably held that the state had not in any way suppressed evidence concerning x-rays of the victim, reasonably held that Garding did not show that the non-disclosure of photos from a different car crash was material, and reasonably concluded that the photos did not establish that Garding was not involved in the accident. Dissenting, Judge W. Fletcher wrote that it is clear from the trial and postconviction record that Garding is innocent, but her innocence is not the legal basis for his agreement with the district court, which held that trial counsel provided ineffective assistance in failing to present evidence from an accident reconstruction expert. Judge Fletcher agreed with the district court because Garding established both deficient performance and prejudice under Strickland and is entitled to relief under AEDPA. GARDING V. MONTANA DEP’T OF CORR.

COUNSEL

E. Lars Phillps (argued), Crowley Fleck PLLP, Bozeman,…