SPEEDY TRIAL: Defendant may not argue for first time on appeal for length of delay different from that relied on when motion to dismiss decided, unless judge’s determination was clearly erroneous… Judge’s determination as to length of delay was 98 days short, but additional days would not change outcome, motion to dismiss properly denied… Langton affirmed. [Read more…]
PFMA, victim’s motive, battered woman expert
PFMA: Evidence to prove victim’s motive and impeach her properly limited… “battered woman” expert properly allowed to testify generally as to dynamics of abusive relationships and why abused person might not seek help, even though no recantation… conviction affirmed… Carson/H. Brown affirmed. [Read more…]
Right to be present, chambers conferences
RIGHT TO BE PRESENT: Rape Defendant not prejudiced by absence from 11 chambers conferences… Phillips affirmed.
Chester Price was convicted of rape of his niece CW, 14. Price (Mont. 2003) [Read more…]
Sexual assault, counsel conflict, PSI access
SEXUAL ASSAULT: Defendant not denied conflict-free counsel based on his lawyer’s representation of jailhouse informants… informant’s PSI properly withheld following in camera review… conviction affirmed… Curtis affirmed. [Read more…]