Montana Law Week

The Weekly Digest of Montana Law

Sentencing, plea agreement alleged breach, SVORA

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SENTENCING: State did not breach plea agreement in which sexual offenses against children were amended to criminal endangerments and maximums were imposed rather than agreed 6 years suspended… SVORA registration improperly imposed on non-sexual offenses despite acceptance in plea agreement… Gilbert affirmed, reversed. [Read more…]

Sexual abuse of children, cell phone child porn search

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SEXUAL ABUSE OF CHILDREN: Consent to search Facebook Messenger on cell phone to verify that Defendant was on phone during curfew violation did not give PO permission to access photo gallery… search of gallery was not a valid probation search… child porn extracted as result of illegal search subject to suppression under exclusionary rule… Krueger reversed. [Read more…]

PFMA, “sharp practice” “set trap,” strangulation denial

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PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]