POSTCONVICTION: Miscarriage of justice exception not applied to untimely petition, Petitioner also failed to provide Justice Court records to support claim of double jeopardy by District Court PFMA conviction… H. Brown affirmed (IOR I-3(d)). [Read more…]
CA disqualification, sheriff’s deputy defendant
COUNTY ATTORNEY DISQUALIFICATION: CA’s Office disqualified from prosecuting sheriff’s deputy charged with mistreating prisoner because of conflict of interest, appearance of impropriety… dismissed without prejudice to new information by AG… H. Brown. [Read more…]
Venue/prosecutorial conduct, prejudice analysis
VENUE/PROSECUTORIAL CONDUCT: Montana venue analysis for presumed/actual prejudice reconciled with federal, abuse of discretion standard retained… venue change properly denied [Read more…]
Other acts, Just/Matt overruled, replaced
OTHER ACTS: No useful purpose for Just/Matt notice, often inimical to prosecutions, replaced with disclosure [Read more…]
Speedy trial/sentencing, multiple offenses
SPEEDY TRIAL/SENTENCING: Defendant who pled guilty and waived speedy trial in acknowledgment/ waiver in 1st plea change and during colloquy in 2nd plea change failed to [Read more…]
Revocation, incorporation of PSI restriction
REVOCATION: PSI restriction on contact with youths properly incorporated by reference into sentence of statutory rape defendant, contact also restricted in divorce decree, Defendant properly revoked for contact with son… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Attempted delib homicide, post-Miranda silence
ATTEMPTED DELIBERATE HOMICIDE: Post-Miranda silence improperly used to imply guilt… conviction reversed on plain-error review, remanded for new trial…. J. Brown reversed. [Read more…]
Drugs, warrantless electronic surveillance
DRUGS: Sufficient evidence of marijuana sale based on potential CI testimony apart from warrantless electronic surveillance… H. Brown affirmed. [Read more…]
DUI, odd angle parking in bar lot, erratic driving
DUI: Sufficient particularized suspicion by odd angle of parking in bar lot, erratic driving… City officer had authority to stop outside city limits, sufficient probable cause for arrest… notice to appear & complaint in Municipal Court properly elected by officer over charge in District Court, [Read more…]
Confidential informant, reliability, wire, Goetz
CONFIDENTIAL INFORMANT: Ignoring body wire recording pursuant to Goetz, CI reliability not established, affidavit not corroborated, pre-Goetz information dismissed, trial vacated… but evidence/testimony of CI’s claimed marijuana buy not suppressed despite illegality of recording (1st [Read more…]