SENTENCING: Prescription drug conditions proper… Townsend affirmed (IOR I-3(d)). [Read more…]
Drugs, dog sniff of vehicle, search warrant
DRUGS: Particularized suspicion for dog sniff of vehicle, sufficient probable cause for search warrant despite application’s mention of incident in which Defendant was stopped and a passenger was arrested for drugs but omitting that charges had been dismissed… marijuana conviction affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
Drugs, plain-view marijuana plants
DRUGS: Deputies properly observed marijuana plants in plain view when they accompanied resident to rural residence for move-out assistance… Larson affirmed. [Read more…]
Sentencing, treatment facility, “incarceration”
SENTENCING: Time in treatment facility not “incarceration,” properly not credited against sentence… $500 counsel costs in oral pronouncement prevails over $800 in written judgment… Larson affirmed, reversed. [Read more…]
Drugs, marijuana grow compulsion
DRUGS: Claim that Defendant was compelled to grow marijuana to treat chronic pain undercut by avowed purpose of testing Montana law, lack of evidence of compulsion… McLean affirmed (IOR I-3(d)). [Read more…]
Instructions, elements of offense prior to opening
INSTRUCTIONS: Deschamps erred in instructing on elements of marijuana distribution prior to opening, but Defendant not prejudiced… conviction affirmed. [Read more…]
Plea withdraw, colloquy answers to “satisfy” Judge
PLEA WITHDRAWAL properly denied Defendant belatedly claiming he did not understand agreement and that colloquy answers were only to satisfy the Judge… Larson affirmed (IOR I-3(d)). [Read more…]
Drugs, knock & talk, address dispute, plain sight
DRUGS: Officers’ claim that they knocked on Defendant’s door to inquire about address they were seeking to serve arrest warrant properly accepted over Defendant’s claim his house and mailbox numbers were clearly visible, motion to suppress marijuana seized in excess of medical provider limit properly denied… $800 [Read more…]
Community caretaker, out-of-gas motorist, shrooms
COMMUNITY CARETAKER properly applied to allow check on out-of-gas motorist to escalate to claimed acceptance of offer of ride and ID check that disclosed outstanding warrant and drugs over Defendant’s claim that ride offer was [Read more…]
Sentencing, $800 public defender fee
SENTENCING: $800 public defender fee affirmed… Deschamps affirmed (IOR I-3(d(v)). [Read more…]