ASSAULT ON OFFICER/DUI: 911 caller’s statement that Defendant was “intoxicated” and “gonna be driving under the influence” improperly included in recording of call played to jury, but was harmless error as there was ample other evidence that Defendant was intoxicated during encounter with officer… judgment imposing “Audit Hearing” condition stricken as conflicting with oral pronouncement… Lint affirmed, reversed. [Read more…]
Vehicular homicide, plea agreement parole restriction
VEHICULAR HOMICIDE: Claim that counsel was ineffective for not understanding that the plea agreement allowed the State to argue for a parole restriction more appropriate for postconviction review… witness testimony as to impact of Defendant’s conduct was designed to seek parole restriction, not undermine the plea agreement… Lint affirmed (memorandum). [Read more…]
Revocation, failure to pay full amount
REVOCATION: Suspended sentence improperly revoked based on alleged failure to pay full restitution… Recht reversed. [Read more…]
Sexual assault, prior conduct unfairly prejudicial
SEXUAL ASSAULT: Prior sexual conduct with 3 young family members was admissible to show motive and intent for alleged over-clothes vaginal touching of step-granddaughter, but its volume and detail including lack of consequences was unfairly prejudicial… conviction reversed, remanded for retrial… Recht reversed. [Read more…]
DUI, North Dakota felony enhancements
DUI: North Dakota statutes sufficiently similar to pre-21 Montana statutes to sustain felony enhancement… Recht affirmed. [Read more…]
DUI, State Lab blood tests discovery responsibility
DUI: Motion to exclude blood test properly denied where Defendant could have obtained it from Lab but insisted on Prosecution getting it for him… Defendant precluded from arguing that the State had not fulfilled its discovery obligation when Judge had ruled that it had… adding DUI per se less than 5 days before trial not prejudicial because jury did not reach subject of amendment… redacted version of investigation video provided to Defendant morning of trial properly admitted… conviction affirmed… Langton affirmed. [Read more…]
DUI, vague dismissal of deferred sentence with predicate
DUI: Vague 2007 order dismissing 2001 deferred sentence applied only to endangerment, not DUI, 2001 DUI properly predicate for felony enhancement. . . Langton affirmed (IOR I-3(c)). [Read more…]
Sentencing, DUI Defendant’s ability to pay future costs
SENTENCING: Details of felony DUI Defendant’s ability to pay costs of imprisonment, probation, alcohol treatment as condition of suspended part of sentence properly deferred to DOC. . . Haynes affirmed. [Read more…]
Sentencing, fines, fees, surcharges, costs
SENTENCING: Fines, fees, surcharges, costs including $5,829 for defender properly imposed for felony DUI after “scrupulous & meticulous” examination of ability to pay… $15 surcharges for no insurance, driving on wrong side improperly included in judgment when not in pronouncement… 3 $10 technology fees improperly imposed when only 1 authorized per user… Haynes affirmed, reversed. [Read more…]
DUI, erratic driving
DUI: Particularized suspicion to stop based on erratic driving in early morning near bars… Langton affirmed (IOR I-3(d)). [Read more…]