CHILD PORNOGRAPHY: Attempted possession supported by computer search terms… Haynes affirmed. [Read more…]
Plain error, spectator outburst
PLAIN ERROR review of Judge’s response to spectator outburst in incest/rape/sexual assault trial declined… Manley affirmed. [Read more…]
Assault with weapon, lesser-included assault
ASSAULT WITH WEAPON: No evidence that would support lesser-included of misdemeanor assault… Deschamps affirmed (IOR I-3(c)). [Read more…]
Driving with suspended license, strict liability
DRIVING WITH SUSPENDED LICENSE is strict liability offense, does not require culpable mens rea… MVD notice letters properly admitted as public administrative records… Lympus affirmed (other grounds). [Read more…]
Venue, check double-cashing
VENUE of paycheck double-cashing proper in Ravalli where employer maintained account from which funds were electronically extracted, over claim of Missoula where checks were physically cashed… Haynes affirmed. [Read more…]
DNA evidence, new tests 7 years post-conviction
DNA EVIDENCE: New tests that make previously useless DNA capable of identification amount to “newly discovered DNA evidence” under Innocence Protection Act, even though the underwear and semen are not, thereby rebutting the presumption of untimeliness 7 years after conviction of sexual assault of intoxicated teen… motion for DNA testing under new tests improperly denied… Haddon reversed. [Read more…]