Montana Law Week

The Weekly Digest of Montana Law

Revocation, global settlement, judicial “prosecution”

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REVOCATION: Grubich violated separation of powers by refusing to accept global plea agreement to resolve revocation petition in his Court and intimidation charge in Kutzman’s Court, assumed prosecutorial role in taking judicial notice of the intimidation proceeding when the State refused to present evidence pursuant to the plea agreement… supervisory control granted, dismissal denial reversed… order. [Read more…]

Rape, alleged fabrication to avoid revocation

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RAPE: Evidence purporting to show that accuser was motivated to fabricate to avoid jail for violating conditional release properly excluded… Defendant properly limited in attempt to impeach accuser about leniency she allegedly received on pending DUI in another county… disqualification of entire county attorney office due to meritless claim that CA had confidential information from representing Defendant in 2011 properly denied… conviction affirmed… Christopher affirmed. [Read more…]

Rape, mid-trial amended information to correct charge

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RAPE: State properly allowed to file a 3rd Amended Information mid-trial after Judge discovered error in charging SIWC under 2017 aggravated SIWC statute that was not effective at time of charged offense… instruction on consent not reversible under plain error review… convictions affirmed… McMahon affirmed. [Read more…]

Fitness regained 12 years after criminal case dismissed

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FITNESS: If a defendant found unfit to proceed regains fitness a judge can resume the criminal case, but sexual assault case against mentally challenged defendant that was dismissed in 2006 was improperly reinstated in 2018 without new charging documents and consideration of justness of the extended delay… resumption of criminal case reversed but new civil commitment proceeding could be pursued should the law and evidence support a new filing… Deschamps reversed. [Read more…]