SIWC conviction following 2nd trial affirmed over claim of ineffective assistance for not objecting to expert’s testimony and claim of vindictive additional parole restriction… Lint affirmed. [Read more…]
SIWC, accuser’s sex history and rape reports
SIWC conviction upheld over challenge to preclusion of victim’s sexual history and rape reports… probation conditions restricting contact with minors reversed… Parker affirmed, reversed. [Read more…]
Rape/incest, time served in 3 counties
RAPE/INCEST: Time served in 3 counties improperly calculated… fines, surcharges, IT fees improperly imposed without evaluating ability to pay and merely because the length of Defendant’s sentence would give him time to pay… Gilbert affirmed (memorandum). [Read more…]
Intimidation of dialysis tech by patient
INTIMIDATION: Sufficient evidence that dialysis patient had intended purpose to cause technician to remove him from dialysis… disorderly conduct and assault are not lesser-includeds of intimidation… ability to pay properly considered in assessing victim advocate fee… Parker affirmed. [Read more…]
Jury, misdemeanor PFMA, jury waiver
JURY: JP did not err by conducting a misdemeanor PFMA bench trial without a written jury waiver… Beal/Deschamps affirmed. [Read more…]
Prostitution promotion, pro se, video testimony
PROSTITUTION PROMOTION: Summary grant of Defendant’s motion to proceed pro se 4 days before trial was not plain error, but the alleged victim’s testimony from New Mexico via video violated Defendant’s confrontation rights… conviction reversed, remanded for retrial… Harris affirmed, reversed. [Read more…]
Theft, vehicle stolen in one County, caught in another
THEFT: Defendant properly charged in Ravalli where he was apprehended for theft of vehicle stolen in Missoula… Recht affirmed (memorandum). [Read more…]
Negligent homicide, shooting of brother, pros conduct
NEGLIGENT HOMICIDE: Conviction in shooting of brother affirmed over claim of prosecutorial misconduct… ineffective assistance claim more amenable for postconviction… weapon enhancement consecutive to PFO sentence proper… Cuffe affirmed. [Read more…]
Youth, ineffective assistance standard
YOUTH: Unnecessary to adopt modified criteria for youth court ineffective assistance claims as youth accused of sex offenses was not prejudiced by failure to object to hearsay under any standard… Seeley affirmed. [Read more…]
Restitution, vandalism to 5 vehicles, single count
RESTITUTION properly imposed for damage to 5 vehicles that was alleged under single count of criminal mischief but amount for 1 vehicle improperly based on initial repair estimate rather than later lower estimate… Brown affirmed, reversed. [Read more…]
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