DRUGS: Any error in challenged evidence harmless in light of overwhelming evidence of guilt… Watters affirmed (memorandum). [Read more…]
Habeas, improperly dismissed sua sponte
HABEAS petition improperly dismissed sua sponte without notice of intent to dismiss despite deliberate homicide Petitioner’s acknowledgment of 20-year delay… Watters reversed. [Read more…]
Drugs, trailer plate stop improperly expanded to drugs
DRUGS: Stop for no trailer plate improperly expanded into drug investigation based on information about prior suspected drug activity of “extremely nervous” driver and known user passengers… meth should have been suppressed… Cybulski reversed. [Read more…]
Drugs, “fair probability” that evidence would be found
DRUGS: Affidavit facts sufficient to establish “fair probability” that evidence of crime would be found at suspicious residence, motion to suppress meth properly denied… Watters affirmed (memorandum). [Read more…]
Theft of federal Indian funds
THEFT OF FEDERAL FUNDS: Conviction and restitution by Indian domestic/sexual violence chairwoman affirmed… Watters affirmed (memorandum). [Read more…]
Witness tampering, “crime of violence”
WITNESS TAMPERING as “crime of violence” conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Sexual assault of minors, shredded interview notes
SEXUAL ASSAULT: Shredding of notes of interviews with 7-year-old stepdaughters after entry into database not deliberate destruction of potentially exculpatory evidence… expert properly precluded from applying expertise to facts of case… conviction affirmed… Harris affirmed. [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…]
Career offender, federal/Montana drug laws
CAREER OFFENDER enhancement improperly applied to meth distribution Defendant because Montana cocaine conviction is not a “controlled substance offense” under Guidelines… Watters reversed (memorandum). [Read more…]
Traffic stop, “following too closely”
TRAFFIC STOP: Challenge to “following too closely” properly rejected… Watters affirmed (memorandum). [Read more…]