"Because ineffective assistance of counsel claims constitute mixed questions of law and fact, our review is de novo." Deschon v. State, 2008 MT 380, ¶ 16, 347 Mont. 30, 197 P.3d 476 (internal citation omitted).
"Where ineffective assistance of counsel claims are based on facts of record in the underlying case, they must be raised in the direct appeal and, conversely, where the allegations of ineffective assistance of counsel cannot be documented from the record in the underlying case, those claims must be raised by petition for post-conviction relief." State v. White, 2001 MT 149, ¶ 12, 306 Mont. 58, 30 P.3d 340.
"When evaluating a claim of ineffective assistance of trial counsel, we use the two-part test enunciated in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). Whitlow v. State, 2008 MT 140, ¶ 10, 343 Mont. 90, 183 P.3d 861. Under the first prong of the Strickland test, 'the defendant must show that counsel's representation fell below an objective standard of reasonableness.' Whitlow, ¶ 14 (quoting Strickland, 466 U.S. at 687–88, 104 S. Ct. at 2064). Under the second prong of Strickland, the defendant must show that counsel's performance prejudiced the defense. Whitlow, ¶ 10 (citing State v. Racz, 2007 MT 244, ¶ 22, 339 Mont. 218, 168 P.3d 685). 'The defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' Strickland, 466 U.S. at 694, 104 S. Ct. at 2068. In short, the defendant must prove (1) that counsel's performance was deficient and (2) that counsel's deficient performance prejudiced the defense. Whitlow, ¶ 10 (citation omitted). Because a defendant must prove both prongs, an insufficient showing under one prong eliminates the need to address the other. Whitlow, ¶ 11 (citing Adams v. State, 2007 MT 35, ¶ 22, 336 Mont. 63, 153 P.3d 601)." Sartain v. State, 2012 MT 164, ¶ 11, 365 Mont. 483, 285 P.3d 407.