Montana Law Week

The Weekly Digest of Montana Law

Assault on officer (jailer), 24 years MSP, right to jury

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ASSAULT ON OFFICER: Reasons for sentencing obstreperous inmate to 24 years at MSP improperly premised on exercise of rights to remain silent, against self-incrimination, to jury, remanded for sentencing before a different judge… plain error review of claim of outrageous conduct by jailers declined… Owen affirmed, reversed. [Read more…]

Criminal mischief, obstreperous jail behavior

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CRIMINAL MISCHIEF: Conviction relating to obstreperous behavior at the jail resulting in flooding from fire sprinkler affirmed over challenges to exclusion of medical expert as to heart condition proffered in support of compulsion defense, prosecutorial misconduct, outrageous conduct in attempting to remove rings used to trigger sprinkler… Hayworth affirmed (memorandum). [Read more…]

Drugs, mistaken identity man with red wig

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DRUGS: Man with red wig who turned out to not be the one a tipster identified as subject of local arrest warrant but who upon further investigation turned out to be subject of other warrants was properly stopped pursuant to Terry, meth discovered in jail intake search properly not suppressed… McElyea affirmed (other grounds). [Read more…]

DUI, sleeping driver sprawled on seat of truck

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DUI: Jury properly instructed that Defendant found sleeping sprawled on seat of truck need not be conscious to be in actual physical control of vehicle… not prejudiced by absence of photos showing him sleeping… §61-8-731(3) mandatory $5,000 fine without regard to ability to pay is facially unconstitutional… Cuffe affirmed, reversed. [Read more…]