Montana Law Week

The Weekly Digest of Montana Law

DUI, Prosecutor as impeachment witness

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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…]

PFMA/unauthorized use of vehicle/tampering

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PFMA/UNAUTHORIZED USE OF VEHICLE/TAMPERING: Allowing deputies to testify about out-of-court statements by witnesses harmless error… right to fair trial not violated by not interviewing a juror who told a witness in the hall that he was brave for testifying… confrontation right not violated by repeated replaying of jail calls to victim… costs wrongly imposed without ability-to-pay inquiry… Vannatta affirmed, reversed. [Read more…]

Parental interference, frustration of parenting

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PARENTAL INTERFERENCE: Sufficient evidence to convict mother of frustrating father’s parenting time by taking child to grandfather’s home and frustrating deputy’s attempts to learn child’s whereabouts… Prosecutors have discretion to prosecute in lieu of enforcement through contempt… order to pay fine in installments does not preclude paying sooner to terminate deferred sentence early… McElyea affirmed (memorandum). [Read more…]

Drugs, Vietnamese staring at MHP marijuana-stuffed van

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DRUGS: Officer’s “cordial conversation” with Vietnamese at gas station on drug corridor who was staring at MHP van stuffed with marijuana constituted seizure which was not justified by particular suspicion… motion to suppress marijuana found in consented search of car improperly denied… Hayworth reversed. [Read more…]

Sentencing, jail credit confusion clarified

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SENTENCING: Defendant on parole at time of endangerment charge entitled to pre-sentence jail credit pursuant to §46-18-201(9) (2017) based solely on the record of the offense for which he is being sentenced and without regard to whether he is “incarcerated on a bailable offense”… remanded to credit 489 days jail time… Kutzman reversed. [Read more…]

Sexual abuse of children, 9-year-old dance around pole

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SEXUAL ABUSE OF CHILDREN: Video of forensic interview of 9-year-old improperly admitted as prior consistent or inconsistent or mixed hearsay exceptions but error harmless in light of untainted evidence that stepfather forced her to dance around pole like her exotic dancer mother in her underwear while his penis got bigger and he “adjusted” his own underwear… Prosecutor’s closing arguments do not warrant reversal under plain error… lifetime satellite monitoring by DOC where victim is under 12 facially constitutional… conviction with sentence of 100-year prison term all but 20 years suspended affirmed… Halligan affirmed. [Read more…]