CUMULATIVE ERRORS: Priming/exploiting jurors’ attitudes about domestic violence despite dismissal of PFMA/stalking and extraneous evidence portraying Defendant as a stalking liar before he testified require reversal of solicitation-to-tamper conviction, remand for retrial… McMahon reversed. [Read more…]
Rape, false-claims statistics improper bolstering
RAPE: Expert testimony on statistics of false claims of rape improperly bolstered accuser’s credibility in “he said, she said” case… conviction reversed, remanded for new trial… Christopher reversed. [Read more…]
Jury, for-cause challenge, deliberate homicide
JURY: No abuse of discretion in denying challenge of panelist for cause in triple homicide case… Jones affirmed (IOR I-3(c)). [Read more…]
PFO, federal bank robbery v. Montana robbery
PFO: 1994 federal bank robbery not reasonably equivalent to 2014 Montana robbery to qualify as predicate violent offense for PFO enhancement… remanded for resentencing… Moses reversed. [Read more…]
Sexual assault, wrong definition of “consent”
SEXUAL ASSAULT: 2017 definition of “consent” for both sexual assault and SIWC improperly given in instruction for incident involving accuser with physical disabilities in which pre-amendment “consent” had “ordinary meaning”… conviction reversed, remanded for new trial… Beal/Townsend reversed. [Read more…]
Theft, search of vehicle for car thefts items
THEFT: Sufficient probable cause for warrant to search vehicle for items stolen in car thefts… R. McElyea affirmed (IOR (I-3(c)). [Read more…]
Assault, right to self-representation, victim’s recantations
ASSAULT: Right to self-representation not denied at omnibus hearing… new trial properly denied based on girlfriend’s post-trial recantations… assault with weapons/aggravated assault convictions affirmed… Deschamps affirmed. [Read more…]
Negligent homicide, failure to secure trooper appearance
NEGLIGENT HOMICIDE: Counsel was ineffective in not securing appearance of relocated trooper or preservation of his report that would support Defendant’s claim that he drove in reverse over decedent to escape his choking and did not again drive over him in forward… conviction vacated, remanded for new trial… payouts to injured victims by Defendant’s insurer should be deducted from their restitution payments… Haynes reversed. [Read more…]
Aggravated DUI, bifurcation of prior DUIs
AGGRAVATED DUI: Prior DUIs should be admitted only after jury determines guilt of “standard” DUI… remanded for new trial… Swingley/McMahon reversed. [Read more…]
PFMA, post-trial discovery of jail black-eye photos
PFMA: State — not Defendant — should have discovered automatic jail photos showing black eye which tended to corroborate self-defense claim… remanded for new trial… Knisely reversed. [Read more…]