RESTITUTION: No jurisdiction to “clarify” final judgment to add $51,000 compound interest pursuant to DOC interpretation… Larson reversed (IOR I-3(c)). [Read more…]
Judge substitution, called-back judge, postconviction
JUDGE SUBSTITUTION of retired/called-back McLean properly denied in postconviction proceeding of deliberate homicide Defendant where McLean had presided over trial and sentencing. . . supervisory control denied . . . order. [Read more…]
Aggravated assault/no-contact
AGGRAVATED ASSAULT/NO-CONTACT: No-contact violation not properly charged under §45-5-209 including notice requirement, conviction reversed. . . Prosecutor improperly informed jury that its “job” was to make sure victim was safe and has control returned to her which it can do by finding Defendant guilty of aggravated assault, but in context of entire argument was not plain error warranting new trial. . . Halligan reversed, affirmed. [Read more…]
DUI, escape from hospital prior to blood draw
DUI: Escape from hospital prior to blood draw not amenable to tampering charge as blood still in body is not evidence… Deschamps reversed. [Read more…]
Deliberate homicide, garage burglar shooting
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force in defense of person in garage burglary shooting death, over Defendant’s claim that he raised only justifiable force in defense of occupied structure at trial… no abuse of discretion in refusing to move trial based on pretrial publicity… no abuse in refusing to remove panelist for cause based on marriage to a former policeman; no abuse in admitting Defendant’s assault of girlfriend… detective’s lay opinion as to blood spatter improperly admitted but harmless… conviction affirmed… McLean affirmed. [Read more…]
Intimidation, “not serious” bomb threat
INTIMIDATION: Conviction for “not serious” bomb threat affirmed… Townsend affirmed (IOR I-3(c)). [Read more…]
Cross-examination limitation, PFMA alcohol
CROSS-EXAMINATION of wife as to alcohol in relation to PFMA charge properly limited under “wide latitude”… McLean affirmed (IOR I-3(d)). [Read more…]
Guilty verdict, negligent homicide, hit & run death
VERDICT: Guilty, negligent homicide, hit & run, fatality.
A Missoula jury found that Katie Garding was guilty of felony negligent [Read more…]