Supreme Court denies appeal in arson case

Recent Cases

The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.

The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.

Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.

Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.

He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.

In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal.

Related listings

  • Appeals court vacates ban on US horse slaughter

    Appeals court vacates ban on US horse slaughter

    Recent Cases 12/16/2013

    A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds. The 10th U.S. Circuit Co...

  • Supreme Court Will Take up New Health Law Dispute

    Supreme Court Will Take up New Health Law Dispute

    Recent Cases 11/29/2013

    The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees. The justices said they will take ...

  • Spanish court sentences 'Robin Hood' mayor

    Spanish court sentences 'Robin Hood' mayor

    Recent Cases 11/25/2013

    A Spanish court has sentenced a town mayor and four others to seven months in prison for occupying unused military land they wanted to be loaned to farmers hard hit by the economic crisis. The regional court of southern Andalusia on Thursday convicte...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read