Montana Law Week

The Weekly Digest of Montana Law

Rape, “regrettable sex defense,” blind experts

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RAPE: State’s blind expert improperly allowed to remain in courtroom prior to rebuttal of Plaintiff’s blind expert on “regrettable sex defense” but error was harmless… increasing sentence on retrial from 40 years MSP 20 suspended to 50 years MSP 30 suspended was vindictive sentencing, remanded to change term to 40 years MSP 20 suspended… Christopher affirmed, reversed. [Read more…]

Negligent homicide, strangulation expert

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NEGLIGENT HOMICIDE: Strangulation expert improperly precluded from testifying to bolster claim of self-defense in running over victim in bar parking lot confrontation… Prosecutor’s sentencing recommendation had appearance of vindictiveness for having to try the case a 2nd time… Defendant improperly not given opportunity to make statement at sentencing… conviction reversed, remanded for 3rd trial… Lint reversed. [Read more…]

Threats in official matters, sex offender DUI stop

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THREATS IN OFFICIAL MATTERS: Defendant’s status as misdemeanor sex offender properly admitted under Transaction Rule and Rule 403 in support of State’s argument that he was threatening Deputy regarding his wife and daughter in effort to deter blood draw or further DUI investigation… conviction affirmed but pretrial supervision costs improperly imposed without analyzing ability to pay… Vannatta affirmed, reversed. [Read more…]

Deliberate homicide, mitigated lesser-included

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DELIBERATE HOMICIDE: Mitigated deliberate instruction properly denied where Defendant disavowed interview statement that he “snapped” and shot victim but at trial maintained that he did not shoot him… felony deceptive practices for sale of victim’s truck not supported by evidence of value… Best affirmed, reversed. [Read more…]