AGGRAVATED DUI: Pursuit of suspect into fenced backyard following serious MVA justified “hot pursuit” regardless of whether Defendant had dominion over yard… Seeley affirmed (memorandum). [Read more…]
Sentencing, credit for time on another offense
SENTENCING: Credit improperly denied for incarceration on another offense… supervisory conditions improperly imposed on unsuspended sentence… Oldenburg reversed. [Read more…]
Drugs, social media sting
DRUGS: Entrapment not established as matter of law in social media sting by drug agent, motion to dismiss meth charge properly denied… Rieger affirmed. [Read more…]
Deliberate homicide, speedy trial, jury selection, COVID
DELIBERATE HOMICIDE: Speedy trial and jury selection challenges properly rejected in light of COVID circumstances… Marks affirmed. [Read more…]
Plea withdrawal, fear of perjury being added to PFMA
PLEA WITHDRAWAL to PFMA properly denied despite Defendant’s “misunderstanding” of Judge’s “improvident” comment as suggesting that he could be charged with perjury in the same trial if he did not plead guilty… McMahon affirmed (memorandum). [Read more…]
Revocation, futile additional incentives/interventions
REVOCATION: Original 10 years for felony theft properly imposed based on determination that Defendant would not be responsive to additional incentives & interventions… Defendant entitled to credit for 335 days elapsed time… Abbott affirmed, reversed. [Read more…]
Sex abuse of children, sexual exhibition for phone bill
SEX ABUSE OF CHILDREN: Conviction of texting stepdaughter to engage in sexual exhibition in exchange for paying phone bill and 100-years sentence affirmed… Harada affirmed. [Read more…]
DUI, Prosecutor as impeachment witness
DUI: Felony conviction affirmed over challenge to refusal to allow Defendant to call Prosecutor to impeach a witness with asserted inconsistent interview statements as to witness’s drinking… remanded to clarify parole conditions as recommendations and strike provision for supervision fees… Allison affirmed, reversed (memorandum). [Read more…]
Restitution, new laptop for destroyed old
RESTITUTION: Value of new laptop properly awarded for destruction of used… Peterson/McMahon affirmed (memorandum). [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…]