Posted: Mar 6, 2013 1:45 PM by Irina Cates - MTN News
HELENA - The Montana Supreme Court has sided with a Missoula District Court judge, ruling that the man convicted of driving drunk and killing a pedestrian in the fall of 2010 did not make a good faith, diligent effort to retain substitute counsel.
A Missoula jury convicted Brian Holm of Lolo in August of 2011 of deliberate homicide while under the influence for killing Brian Beaver as he walked on a sidewalk on Brooks Street.
Holm later appealed to the state's top court, saying the judge didn't allow him to replace his attorney or to continue his trial date.
The justices said in their opinion that Holm asked the court for a continuance only eight days before the trial so he could replace the public defender with a private attorney.
The court also said both the judge and the prosecutors felt Holm was trying to delay trial by making that motion.
The Montana Supreme Court affirmed the District Court judge's decision, saying the "District Court did not abuse its discretion in determining that Holm had not made a good faith, diligent effort to retain substitute counsel."