Montana Law Week

The Weekly Digest of Montana Law

Obstruction, erroneous conduct-based “knowingly”

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OBSTRUCTION: Jury given improper conduct-based “knowingly” instruction as to obstruction of officer for refusing blood test, counsel ineffective for not seeking results-based instruction, not cured by State’s closing argument stating correct burden… obstruction conviction reversed, remanded for new trial… Reynolds reversed. [Read more…]

Endangerment, shotgun fired through hotel window

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ENDANGERMENT: Sufficient facts provided to support probable cause of criminal endangerment for firing shotgun through hotel window into parking lot… de novo standard of review applied to mixed questions of fact and law involved in motion to dismiss for lack of probable cause… Information improperly dismissed… Eddy reversed. [Read more…]

Deliberate homicide, resentencing following PFO strike

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DELIBERATE HOMICIDE: 100 years at MSP no parole for 35 years properly imposed in resentencing following striking illegal PFO… plea to felony murder based on deliberate homicide of 8-year-old while committing deviate sexual conduct in 1987 defective but challenge waived by failure to object or appeal… plea withdrawal based on “negated” hair evidence and “crazy” transient who actually committed the murder and assaultive coercion by detectives properly denied without a hearing… Larson affirmed (memorandum). [Read more…]

Drugs, Crime Lab meth thief, chain of custody

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DRUGS: Cross of Crime Lab chemist as to involvement of predecessor who was discharged for stealing meth would have been proper under hearsay exception, but mere speculation about possible contamination under chain of custody law insufficient to require it… meth conviction affirmed… Kutzman affirmed. [Read more…]