POSTCONVICTION: Deliberate homicide Defendant not prejudiced by counsel’s failure to obtain GSR testing following shootout with cabin owners… McMahon affirmed (memorandum). [Read more…]
City Court appeal, Brady dismissal
CITY COURT APPEAL: Motion to dismiss City’s appeal of City Court’s Brady dismissal properly denied by District Court… Grubich affirmed (memorandum). [Read more…]
Deliberate homicide, failure to call “alibi witnesses”
DELIBERATE HOMICIDE: Defendant not prejudiced by attorney’s failure to call purported alibi witnesses, ineffective assistance claim properly denied without a hearing… Allison affirmed. [Read more…]
Deliberate homicide, jail informants, prosecutor conduct
DELIBERATE HOMICIDE: Double murder and solicitation to kill witness convictions affirmed over challenge to use of jail informants and alleged prosecutorial misconduct… Wheelis affirmed. [Read more…]
Aggravated animal cruelty, mistreatment of horses
AGGRAVATED ANIMAL CRUELTY conviction for mistreatment of horses affirmed over challenge to introduction of prior cases… Seeley affirmed (memorandum). [Read more…]
Deliberate homicide, habeas claims by 2005 killer
DELIBERATE HOMICIDE: Federal habeas claims by 2005 killer properly rejected… Christensen affirmed (memorandum). [Read more…]
Double jeopardy, improvident declaration of mistrial
DOUBLE JEOPARDY: Habeas properly granted securities fraud Defendant because Cuffe abused discretion in declaring a mistrial, Defendant may not be retried… Christensen affirmed, Cuffe and Montana Supreme Court “reversed” (memorandum). [Read more…]
Incest, ineffective assistance, prosecutorial misconduct
INCEST: Postconviction claims alleging ineffective assistance and prosecutorial misconduct rejected… Gilbert affirmed (memorandum). [Read more…]
Witness tampering, deter testimony about burning dog
WITNESS TAMPERING: Sufficient evidence that Defendant threatened witnesses to intimidate them from testifying about Defendant lighting their dog on fire as opposed to merely threatening to sue them for slander (which also is tampering)… prosecutorial misconduct claims insufficient for plain error review… attorney’s failure to object to prosecutor’s comments may have been strategic… convictions affirmed… Cuffe affirmed. [Read more…]
Rape, prior intoxicated sex, Rape Shield
RAPE: Text expressing frustration at having sex while intoxicated twice before with boyfriends properly excluded under Rape Shield… conviction of sex with intoxicated woman affirmed… Rienne McElyea affirmed. [Read more…]
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