RETURN OF SEIZED PROPERTY: “Right to possession” of evidence must be established, burden is on person claiming property (not [Read more…]
Felony murder, Miranda/intoxication
FELONY MURDER/MIRANDA: Request to “call my mother to call my lawyer” in context of conversation with officer not [Read more…]
Game, felony values
GAME: Although “elements” instruction for value of unlawfully possessed game (values set by statute) did not include “exceeds $1,000,” verdict form reflects that jury [Read more…]
Seized property, interest in property
SEIZED PROPERTY: Hearing must be held as to interest in deer antlers and mounts introduced at trial, ownership not established by affirmation of sentence… Rice reversed. [Read more…]
Hunting/search & seizure, aerial observation
HUNTING/SEARCH/SEIZURE/SENTENCING: Officials’ innocent aerial observation of private property not a “search”… claim that warden trespassed on neighboring lands not raised below, not amenable to plain-error review… warrant not required to monitor (illegal) radio hunter conversations… search warrant supported by sufficient facts… warrant [Read more…]
Speedy trial, homicide, dismissal/re-filing
SPEEDY TRIAL: 222 days during 1st filing period before homicide charge dismissed with prejudice counted toward 415 days aggregate as Defendant was “an accused” during 1st period… time from dismissal to reinstatement of charge not counted as she was not “an accused” then… 133 days attributed to State as sanction for producing 600 pages [Read more…]
Hunting, out-of-season bear
HUNTING: Sufficient evidence of hunting/possessing bear out of season… no error in adopting State’s proposed findings & conclusions… Mizner affirmed.
David Wendler, owner of Sundance Lodge near Wise River, was charged with misdemeanor hunting and possessing a black bear during a closed [Read more…]