Montana Law Week

The Weekly Digest of Montana Law

Judicial conduct, criticism of counsel’s strategy

By

JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]

Threats in official matters, sex offender DUI stop

By

THREATS IN OFFICIAL MATTERS: Defendant’s status as misdemeanor sex offender properly admitted under Transaction Rule and Rule 403 in support of State’s argument that he was threatening Deputy regarding his wife and daughter in effort to deter blood draw or further DUI investigation… conviction affirmed but pretrial supervision costs improperly imposed without analyzing ability to pay… Vannatta affirmed, reversed. [Read more…]

Rape/sexual assault, child’s out-of-court statements

By

RAPE/SEXUAL ASSAULT: Day-of-trial amendment to Information to enlarge time of alleged offenses against child properly allowed as one of form and not substance… out-of-court statements by child in forensic interview and testified to by her counselor properly admitted due to difficulty parsing mixed inconsistent and consistent statements (but not under Judge’s hearsay exception concepts of “declarant testified earlier” or “link it up later”)… Haynes affirmed (IOR I-3(c)). [Read more…]

Assault with weapon, joinder following mistrial

By

ASSAULT WITH WEAPON/PFMA: Cases properly joined based on feedback from mistrial of 1st case and despite State’s initial waiver. . . jail letters to fiancée properly admitted. . . mistrial properly denied after Deputy revealed fiancée’s fear based on prior violence. . . convictions affirmed. . . Langton affirmed. [Read more…]