NEGLIGENT HOMICIDE: Defendant in side-by-side motorcycle collision not denied fair trial by removal of pannier and denial of jury view of reattached pannier… Olson affirmed (memorandum). [Read more…]
Ineffective assistance, multiple sex offense prosecutions
INEFFECTIVE ASSISTANCE: Counsel’s failure to make multiple prosecution arguments that were successful in subsequent similar case not ineffective assistance per Montana Supreme Court’s determination that later decision was significant departure from prior jurisprudence… habeas properly denied… Watters affirmed (memorandum). [Read more…]
Sentence, no amendment for community sex treatment
SENTENCE: Motion to amend 2008 sentence to allow sex treatment in community rather than MSP by inmate who refuses to admit guilt and is therefore ineligible for prison program properly denied… Gilbert affirmed (memorandum). [Read more…]
Negligent homicide, jury view of wrecked car
NEGLIGENT HOMICIDE: Counsel not ineffective in acquiescing in jury view of car wrecked in rollover which Defendant claimed deceased was driving… conviction affirmed… Rienne McElyea affirmed (memorandum). [Read more…]
Prison smuggling, no conspiracy instruction request
PRISON SMUGGLING: No indication of why counsel declined to request conspiracy instruction on charge of smuggling drugs into MSP, ineffective assistance claim more amenable to postconviction… Dayton affirmed (memorandum). [Read more…]
Sentencing, 110 years no parole, juvenile double killer
SENTENCING: Habeas challenge of 110 years no parole for juvenile killer properly dismissed as untimely… Morris affirmed (memorandum). [Read more…]
Rape, evidence of alleged victim’s long-term meth use
RAPE: Evidence of alleged victim’s long-term meth use properly limited… Souza affirmed (memorandum). [Read more…]
Vehicular assault, hearsay from Trooper as to injuries
VEHICULAR ASSAULT: Hearsay from Trooper improperly admitted as the only substantive evidence of passenger’s injuries… evidence of driver’s injury and vehicle damage insufficient circumstantial evidence of passenger’s injuries, charge against driver should have been dismissed… H. Brown reversed. [Read more…]
Prosecutor disqualification, “necessary witness”
PROSECUTOR DISQUALIFICATION: Supervisory control denied of J. Brown’s order disqualifying “necessary witness” Prosecutor who met with underage sex victim who changed story about her age… order. [Read more…]
Sexual assault, “bit player” detective impeachment
SEXUAL ASSAULT: Speedy trial claim properly denied based in part on docket congestion… new trial not warranted by post-trial disclosure that “bit player” detective was being investigated for making a false insurance claim… Kutzman affirmed (IOR I-3(c)). [Read more…]
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