PFMA/PROCEDURE: State not barred by double jeopardy from appeal of District Court reversal of JP Court conviction… sufficient [Read more…]
Sentencing, pre-sentence agreement, homicide
SENTENCING: State did not breach pre-sentence agreement… re-sentencing for mitigated deliberate homicide on remand from [Read more…]
Silence, pre-Miranda DUI statements
SILENCE: Prosecutor’s cross/arguments properly focused on pre-Miranda statements at DUI scene to show inconsistencies with [Read more…]
Intimidation/sentencing, instruction, PFO
INTIMIDATION/SENTENCING: Instruction claims not objected to below waived on appeal, ineffective assistance claims [Read more…]
Sentencing, prison beating death defendant
SENTENCING: Prison beating death Defendant had fair notice that aiding & abetting deliberate homicide would subject him to death penalty in Montana despite no specific statutory [Read more…]
Search & seizure, Goetz retroactivity
SEARCH & SEIZURE: Goetz applied retroactively to warrantless wire recordings, error prejudicial as reasonable possibility [Read more…]
Endangerment, CFS releases, lesser-included
ENDANGERMENT: New trial based on untimely disclosure of CFS releases properly denied… no error by not sua sponte instructing on lesser-included, no ineffective assistance for [Read more…]
Rape, voluntary intoxication
RAPE: Jury presented with evidence of intoxication, not precluded from considering it, merits of Art. II §§ 3 & 24 challenge not reached… challenge to admission of recording [Read more…]
Postconviction, new evidence, sex victim affidavit
POSTCONVICTION: Victim’s affidavit that Defendant not the triplet uncle who assaulted him not new evidence that would overcome time-bar since victim’s inability to discern [Read more…]
Mitigated deliberate homicide, transaction rule
MITIGATED DELIBERATE HOMICIDE: Victim’s prior behavior, unknown to Defendant, offered in support of justifiable defense, properly excluded… psychiatric testimony properly [Read more…]