The Weekly Digest of Montana Law
By lilly
SENTENCING: No authority to impose parole conditions… $28,850 fine exceeds $10,000 maximum for felony DUI… Stadler reversed.
Randy Dennis pled guilty in 2000 to burglary and was sentenced to 15 years with DOC, 10 suspended, $500 fine. He was revoked in 8/05 and sentenced [Read more…]
By lilly
REVOCATION/POSTCONVICTION: State waived §46-21-105(2) postconviction bar by raising 1st time on appeal… “arrest” in §46-23-1012(2) refers to PO arrest, not police arrest, State followed revocation procedures when it filed Report of Violation within 10 days of PO’s Warrant to Arrest & Hold… due process not denied by 21 days [Read more…]
By lilly
PROSECUTORIAL CONDUCT: Prosecutor improperly allowed to repeatedly reference Defendant’s irrelevant probation status… error was trial error, not harmless, conviction reversed, remanded for retrial… Macek reversed. [Read more…]
By lilly
DRUGS: Not ineffective assistance for not requesting mistrial when officer testified that Defendant exhibited meth symptoms… sufficient evidence that Defendant knowingly possessed undetermined amount of meth residue over claim that he found vial and did not know it contained meth… Harkin affirmed. [Read more…]
By lilly
INDIAN CHILD: Supervisory control of McNeil granted to prevent transfer to ND tribal court pending further consideration in light of AP… order. [Read more…]
By lilly
KIDNAP/SEXUAL ASSAULT: Testimony suggesting victim previously lied about being pregnant properly excluded as irrelevant and improper character attack… objection to deposition of victim moot as she testified at trial and deposition not introduced… parole restriction properly based [Read more…]