DRUGS: Any error in challenged evidence harmless in light of overwhelming evidence of guilt… Watters affirmed (memorandum). [Read more…]
Sentencing, self-incrimination, mental evaluation
SENTENCING: Self-incrimination right not violated by voluntary mental capacity evaluation… Christensen affirmed. [Read more…]
Search & seizure, warrantless statements/drugs
SEARCH & SEIZURE: Statements to police and drugs seized from hotel room without warrant properly upheld… Watters affirmed (memorandum). [Read more…]
Drugs, pen registers/trace devices for cell site location
DRUGS: Orders authorizing installation of pen registers and trace devices and to obtain cell site location valid under 4th Amendment even if questionable under Montana law… request for new counsel considered withdrawn based on counsel’s representation that Defendant had changed his mind… meth convictions affirmed… Watters affirmed (memorandum). [Read more…]
Jury, knowledge of meth Defendant’s criminal history
JURY: Juror who admitted knowledge of Defendant’s criminal history 2nd day of trial not grounds to overturn meth convictions… Christensen affirmed (memorandum). [Read more…]
Child pornography, “framed” Defendant
CHILD PORNOGRAPHY: Sufficient evidence to convict over claim that Defendant was framed by ex-wife’s boyfriend… Watters affirmed (memorandum). [Read more…]
Firearms, search of probationer’s vehicle
FIREARMS: Suppression of evidence seized in searches of probationer’s vehicle following DUI stop properly denied. . . Watters affirmed (unpublished). [Read more…]
Sentencing, firearms
SENTENCING: 34 months consecutive to undischarged state sentence for firearms conviction affirmed… Watters affirmed (unpublished). [Read more…]