FIREARM BY FELON conviction affirmed over challenge to lack of individualized assessment of dangerousness… Watters affirmed (memorandum). [Read more…]
Postconviction, co-defendant findings by another judge
POSTCONVICTION petition properly denied without a hearing based on findings by another Judge in co-defendant’s case… Larson affirmed. [Read more…]
Interstate detainer, Montana DUI Defendant in Nevada
INTERSTATE DETAINER: Motion of Montana DUI Defendant incarcerated in Nevada to dismiss in accordance with IAD properly denied… Krueger affirmed. [Read more…]
Postconviction, deliberate homicide, residue testing
POSTCONVICTION: Deliberate homicide Defendant not prejudiced by counsel’s failure to obtain GSR testing following shootout with cabin owners… McMahon affirmed (memorandum). [Read more…]
Tampering conspiracy, jail calls
TAMPERING CONSPIRACY properly established by jail calls… Gillham order improper basis for allowing deceased mother’s attorney to share information from her but Defendant already had the information… conviction affirmed… Oldenburg affirmed (memorandum). [Read more…]
Revocation, global settlement, judicial “prosecution”
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…]
Fitness, 15 months in jail and mental hospital
FITNESS: No abuse of discretion in resuming kidnap proceedings after 15 months in jail and mental hospital before declared fit to proceed… Krueger affirmed. [Read more…]
Aggravated burglary, climbing atop sleeping woman
AGGRAVATED BURGLARY: Conviction for entering house and climbing atop sleeping woman affirmed over speedy trial and instruction challenges… sentence based on incorrect information… Whelan affirmed, reversed. [Read more…]
Rape, alleged fabrication to avoid revocation
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
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…]
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