ATTORNEY WITHDRAWAL: Defendant’s acquiescence in attorney’s motion to withdraw properly construed as wanting to proceed pro se rather than asking for substitute, “seemingly substantial” inquiry not triggered.. Bidegaray affirmed (memorandum). [Read more…]
Incest, ongoing sex with adopted daughter
INCEST and other counts related to ongoing sex with adopted daughter affirmed… Todd affirmed. [Read more…]
Revocation, sex treatment arrangement prior to release
REVOCATION: Sex offender improperly revoked on basis that he did not have treatment arranged prior to release from prison… Ruiz reversed. [Read more…]
Sexual abuse of children, mother’s sale of daughter
SEXUAL ABUSE OF CHILDREN: Conviction of mother selling 4-year-old daughter affirmed over challenges relating to rape shield, COVID restrictions, credibility testimony by detective, late-disclosed detective’s note referencing victim’s reputation for untruthfulness… Larson affirmed. [Read more…]
Legislative delegation, commercial vehicles regulation
LEGISLATIVE DELEGATION: Statute authorizing MDT to adopt safety regulations for commercial vehicles not unlawful delegation, conviction for failure to have red light for overwidth load affirmed… Larson affirmed. [Read more…]
Fitness, 15 months in jail and mental hospital
FITNESS: No abuse of discretion in resuming kidnap proceedings after 15 months in jail and mental hospital before declared fit to proceed… Krueger affirmed. [Read more…]
Speedy trial, 2 trials, 861 days, deliberate homicide
SPEEDY TRIAL: 671 days of total 861 properly attributed to deliberate homicide Defendant convicted in 2nd trial following reversal of 1st, speedy trial claim properly denied… Todd affirmed. [Read more…]
Statutory rape, improper but harmless hearsay
TATUTORY RAPE: Conviction affirmed over challenge to exclusion of defense evidence as irrelevant and to improperly admitted but harmless hearsay… Spaulding affirmed. [Read more…]
Incest, touching 10-year-old step-daughter, other acts
INCEST: Montana conviction of sexually touching 10-year-old step-daughter affirmed over challenge to extensive evidence of similar subsequent conduct in Wyoming case… Murnion affirmed. [Read more…]
Aggravated rape, deposition testimony of alleged victim
AGGRAVATED RAPE: Defendant claiming consensual sex not prejudiced by Defense attorney’s stipulation to deposition testimony of alleged victim and Zoom testimony of experts in light of significant circumstantial evidence… Abbott affirmed (memorandum). [Read more…]