Justia Montana Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant’s convictions of two counts of assault with a weapon and one count of aggravated assault. On appeal, Defendant primarily challenged the effectiveness of his counsel regarding the jury instructions. The Supreme Court held (1) defense counsel did not provide ineffective assistance by failing to request a bystander justifiable use of force jury instruction; and (2) the district court did not impose illegal parole conditions by employing the language “for any period of community supervision” because that language was qualified by the statement that followed applying “conditions of probation.” View "State v. Mitchell" on Justia Law

J.S. challenged her involuntary commitment to the Montana State Hospital (MSH). The only issue J.S. raised on appeal waswhether she was denied the effective assistance of counsel. J.S. suffered from bipolar disorder. She exhibited signs of psychosis and delusions after being “clipped” by a car and hit by the car’s mirror. She sustained several cuts and abrasions. Less than a month after being hit by a car, J.S. was taken to the emergency room for a severe cut on her leg that was untreated. J.S. was unable to communicate due to her extreme level of psychosis and delusional thinking. She was paranoid, irritable, and unable to consent to voluntary treatment. The cuts were dead tissue, which if not treated correctly, could have lead to the loss of the limb. Treatment of the wound required J.S. to change the dressings twice a day and take two antibiotics, one of which J.S. had to take four times a day and the other two times a day. J.S. would need to maintain supplies, and health officials were concerned, due to her presenting mental condition, J.S. would be unable to care for herself. The State sought to involuntarily commit J.S. to MSH. The district court ordered the commitment, and J.S. appealed, raising only an ineffective-assistance claim, rather than challenge the commitment itself. The Montana Supreme Court found no Sixth Amendment right to effective assistance of counsel for a civil commitment proceeding, and as such, rejected J.S.’ claim. The order of commitment was affirmed. View "Matter of J.S." on Justia Law

The Supreme Court affirmed in part Defendant’s sentence for his conviction of felony possession of dangerous drugs but remanded to the district court with instructions to strike twenty-three recommended conditions for community supervision. The district court sentenced Defendant to ten years in prison and included a number of conditions in the written judgment. The Supreme Court held (1) the prosecutor’s remarks at sentencing were improper, but they did not constitute reversible error because they did not prejudice Defendant; (2) Defendant failed to demonstrate that he received ineffective assistance of counsel at the sentencing hearing; (3) the district court did not impose an unlawful sentence; and (4) the twenty-three recommended conditions listed in the written judgment were not included in the oral pronouncement of sentence and therefore must be stricken. View "State v. Lehrkamp" on Justia Law

The Supreme Court affirmed the district court’s order vacating Defendant’s initial guilty plea to felony partner or family member assault (PFMA) and the court’s subsequent order accepting Defendant’s guilty plea to aggravated assault. On appeal, Defendant argued that the district court had no authority to vacate his guilty plea to PFMA and that he was twice put in jeopardy for the same offense. The Supreme Court disagreed, holding (1) Defendant waived his right to appeal the district court’s decision to vacate his guilty plea to PFMA in his later plea agreement for aggravated assault; and (2) the State’s prosecution of Defendant for aggravated assault did not compromise the protections against double jeopardy. View "State v. Stone" on Justia Law

The Supreme Court affirmed the district court’s denial of Defendant’s conviction motion to set aside his 2008 conviction for partner or family member assault (PFMA) and revocation of his suspended sentence. The attorney’s office sought to revoke Defendant’s suspended sentence after Defendant was again arrested for PFMA. Defendant filed a motion to set aside his 2008 conviction, arguing that the pre-2013 PFMA statute was unconstitutional. The district court denied Defendant’s motion, and Defendant admitted to the violations set forth in the petition to revoke. The Supreme Court held that Defendant forfeited his constitutional challenge to the PFMA statute when he voluntarily pleaded guilty in 2008. View "State v. Torres" on Justia Law

The justice court properly denied Defendant’s motion to suppress evidence obtained during the interrogation of Defendant by Montana Fish, Wildlife, and Park (FWP) game wardens at a game check station.Defendant was charged with license, permit or tag offense; unlawful possession, transfer, or transport of game animal; and hunting or killing of a game animal over the legal limit. Defendant moved to suppress evidence gathered at the FWP check station, asserting that his incriminating statements were the fruits of an illegal interrogation. The justice court concluded that Defendant was not required to receive Miranda warnings because he was not subject to custodial interrogation at the check station. Defendant was then found guilty on all three counts. The district court affirmed. The Supreme Court affirmed, holding (1) Defendant was not taken into custody for purposes of Miranda, and therefore, the statements he made to FWP game wardens were admissible against him; and (2) under the totality of the circumstances, Defendant’s admissions and confession were voluntary. View "State v. Maile" on Justia Law

Defendant entered a guilty plea to aggravated driving under the influence, reserving his right to appeal the denial of his motion to suppress. After an evidentiary hearing on appeal, the district court denied Defendant’s motion to suppress. The Supreme Court affirmed, holding that, under the totality of the circumstances, a corroborated tip from an identified citizen informant based, in part, on personal observations of a co-worker was sufficiently reliable to provide the law enforcement officer with particularized suspicion to stop Defendant’s vehicle. Therefore, the district court did not err in denying Defendant’s motion to suppress. View "State v. Zietlow" on Justia Law

The district court did not err in ruling that Defendant’s federal conviction for conspiracy to distribute methamphetamine did not bar a subsequent state prosecution for possession of dangerous drugs on double jeopardy grounds.Defendant pled guilty to a charge of conspiracy to distribute in federal court. Thereafter, Defendant moved to dismiss the State’s drug-related charges, arguing that the State prosecution violated Montana’s double jeopardy prohibition. The district court denied the motion to dismiss. Thereafter, Defendant entered an Alford plea to one count of felony criminal possession of dangerous drugs, reserving the right to appeal the denial of his motion to dismiss. The Supreme Court affirmed, holding that Defendant’s possession of methamphetamine for his personal use was a distinct and separate prosecutable offense pursuant to Mont. Code Ann. 45-9-102(1). View "State v. Glass" on Justia Law

In 2009, Appellant was convicted of aggravated kidnapping and sexual intercourse without consent. In 2011, Appellant filed a complaint against certain participants in his 2009 criminal trial, alleging that the victim unlawfully taped a conversation between the victim and Appellant, and the taping and subsequent use of the taped conversation by Defendants violated his constitutional rights under the Fourth Amendment and the federal wiretap statute. The federal magistrate dismissed the complaint with prejudice for failure to state a claim. A federal district court judge affirmed. Appellant then filed a complaint in a Montana district court, alleging that the victim had recorded their telephone conversation and Defendants had used the taped conversation in violation of Montana’s privacy in communications state and his state and federal constitutional rights. The district court granted summary judgment to Defendants, concluding that Appellant’s case was barred by the statute of limitations and the doctrine of res judicata. The court also declared Appellant a vexatious litigant and imposed a pre-filing order on him. The Supreme Court affirmed, holding that the district court (1) properly applied the statute of limitations and doctrine of res judicata, and (2) did not abuse its discretion in finding Appellant to be a vexatious litigant and imposing a pre-filing order. View "Belanus v. Potter" on Justia Law

Pursuant to a plea agreement, Defendant pleaded guilty to the possession of dangerous drugs and drug paraphernalia. Defendant preserved his right to appeal the denial of his motion to suppress evidence seized during the warrantless search of the vehicle he was driving. The Supreme Court affirmed, holding (1) the district court made sufficient findings of fact and conclusions of law in its order denying Defendant’s motion to suppress to allow informed appellate review; and (2) the district court did not err in denying Defendant’s motion to suppress, as the police did not need to obtain Defendant’s consent to search the vehicle and its internal compartments. View "State v. Baty" on Justia Law