AGGRAVATED SEXUAL ABUSE: Conviction affirmed over challenge to admission of alleged prior sexual abuse of Jane Doe 1… Watters affirmed (memorandum). [Read more…]
Firearms near school, lenity/scienter
FIREARMS NEAR SCHOOL conviction reversed based on lenity & scienter… Watters reversed. [Read more…]
Child sex offenses, Allen instructions, victim records
CHILD SEX OFFENSES convictions affirmed over challenge to Allen instructions, denial of access to victim records, 30-year sentence… Watters affirmed (memorandum). [Read more…]
Abusive sexual contact, improper vouching
ABUSIVE SEXUAL CONTACT conviction affirmed over improper vouching… Watters affirmed (memorandum). [Read more…]
Traffic stop, rental vehicle in drug corridor, meth
TRAFFIC STOP: (Stop of rental vehicle in drug corridor not unreasonably prolonged, suppression of meth properly denied… Christensen affirmed (memorandum). [Read more…]
Sentencing, “sporting exception” to gun possession
SENTENCING: Departure for “sporting exception” properly denied Defendant found with guns in vehicle on way home from hunting… Watters affirmed (memorandum). [Read more…]
Sentencing, Montana PFMA, firearm offense level
SENTENCING: Montana PFMA does not categorically require violent force, improperly applied to increase possession of firearm offense level… Watters reversed. [Read more…]
Animal cruelty, prior anti-freeze placement
ANIMAL CRUELTY: Evidence of prior placement of anti-freeze and meat properly admitted to show motive, intent, and identity where neighbor’s dog was found in Defendant’s small closet with no care and anti-freeze in bowl outside closet…Salvagni affirmed (IOR I-3(c)). [Read more…]