Justia Montana Supreme Court Opinion Summaries

Ryan Patrick Donahue, a DEA agent, met Marcus Joshlin at a bar in Bozeman on November 21, 2021. After a night of drinking, Donahue suspected Joshlin had drugs in his bag and demanded to see it while brandishing a firearm. Finding no drugs, they continued to another bar where Donahue's aggressive behavior led to an altercation. Donahue shoved a gun into Joshlin's neck, leading to his disarmament and arrest. Donahue was charged with Assault with a Weapon and Carrying a Concealed Weapon While Under Influence. He claimed self-defense, asserting Joshlin threatened him.The Eighteenth Judicial District Court excluded evidence of Joshlin's post-incident statements about being a fighter and his unresolved criminal case. The court allowed some evidence of Joshlin's untruthfulness but denied Donahue's motion for a new trial, finding substantial compliance with jury summons procedures. The jury found Donahue guilty on both counts, and the court deferred his sentence for three years on the assault charge and issued a suspended six-month sentence for the concealed weapon charge.The Supreme Court of the State of Montana reviewed the case. It held that the District Court did not err in excluding Joshlin's post-incident statements as they were not known to Donahue at the time and thus irrelevant to his self-defense claim. The court also found that Donahue failed to preserve his argument regarding the unresolved criminal case for appeal. Lastly, the court affirmed the District Court's denial of a new trial, concluding that any technical violations in the jury summons process did not affect the randomness or objectivity of the jury selection. The Supreme Court affirmed the lower court's decisions. View "State v. Donahue" on Justia Law

The case concerns a defendant who responded to an online advertisement posted by an undercover law enforcement officer posing as a woman offering sexual services, including access to two fictitious underage girls, one purportedly 12 years old. The defendant agreed to meet at a hotel to engage in sexual conduct with the supposed minors and was arrested upon arrival. He was charged with two counts of Sexual Abuse of Children under Montana law, with enhanced penalties based on the alleged ages of the victims.The Thirteenth Judicial District Court, Yellowstone County, denied the defendant’s motion to strike the mandatory sentencing enhancements, which imposed a 25-year parole restriction for offenses involving victims 12 years old or younger. The defendant subsequently pleaded guilty to one count of Attempted Sexual Abuse of Children, reserving the right to appeal the denial of his motion regarding the sentencing enhancement. The court imposed the State’s recommended sentence, including the mandatory enhancement, and dismissed the second count.The Supreme Court of the State of Montana reviewed whether the mandatory minimum sentence enhancement for sexual child abuse applies when the “victim” is a fictitious child created by law enforcement in a sting operation. The court held that the statutory language requiring enhanced penalties based on the age of “the victim” refers to actual, specified child victims, not to fictional or simulated victims. The court concluded that the Legislature’s use of different language in the statute—distinguishing between “a child” in defining the offense and “the victim” in penalty enhancements—demonstrates an intent to limit enhanced penalties to cases involving real children. The Supreme Court reversed the district court’s imposition of the mandatory enhancement and remanded for resentencing under the general penalty provision. View "State v. Schultz" on Justia Law

Douglas Baertsch was convicted in January 2023 by the Montana First Judicial District Court, Lewis and Clark County, for burglary with disorderly conduct as the predicate offense, partner or family member assault (PFMA), and criminal mischief. The incident occurred on May 21, 2020, when Baertsch and his girlfriend, K.W., argued after a night out. The argument escalated at K.W.'s home, leading to Baertsch forcibly taking K.W.'s phone and later kicking in her front door to retrieve his wallet. Inside the house, Baertsch called K.W. derogatory names before leaving.The District Court jury found Baertsch guilty of criminal mischief for breaking the door, PFMA for causing K.W. reasonable apprehension of bodily injury, and burglary with disorderly conduct for using abusive language inside the house. The court sentenced him to two consecutive five-year suspended prison terms for PFMA and burglary, and six months jail-time (all but 60 days suspended) for criminal mischief. Additionally, the court imposed a seven-year restriction on Baertsch’s ability to seek early termination of his sentence.The Montana Supreme Court reviewed the case. The court held that there was insufficient evidence to support the burglary conviction with disorderly conduct as the predicate offense. The court found that the abusive language used by Baertsch inside K.W.'s private home did not disturb the public peace, a necessary element for disorderly conduct under the statute. Consequently, the court vacated the burglary conviction. Additionally, the court ruled that the District Court's seven-year restriction on Baertsch’s right to seek early termination of his sentence was illegal, as it exceeded statutory authorization. The case was remanded to the District Court to strike the illegal sentencing condition. View "State v. Baertsch" on Justia Law

Shelby Ragner was charged with aggravated sexual intercourse without consent, alleging he had sexual intercourse with C.M. while she was severely intoxicated. Ragner's attorney, Alexander Jacobi, did not interview or present Max Weimer as a witness, who later testified that he saw minor injuries on Ragner the morning after the incident. Ragner was found not guilty of aggravated sexual intercourse without consent but was convicted of sexual intercourse without consent (SIWOC). He was sentenced to ten years in prison, with four years suspended. Ragner's direct appeal was denied.Ragner filed a petition for postconviction relief, claiming ineffective assistance of counsel due to Jacobi's failure to interview and call exculpatory witnesses, including Weimer. The District Court found that Jacobi's failure to investigate Weimer's potential testimony fell below the standard of care and granted Ragner's petition, concluding that Jacobi's performance prejudiced Ragner.The Supreme Court of the State of Montana reviewed the case. The court held that even if Jacobi's performance was deficient, Ragner did not demonstrate prejudice as required under the second prong of the Strickland test. The court found that Weimer's limited observation of Ragner's injuries did not significantly alter the evidentiary picture presented to the jury, which included overwhelming evidence of C.M.'s severe intoxication, extensive documented injuries, and Ragner's own admissions. The court concluded that Weimer's testimony would not have reasonably affected the jury's verdict.The Supreme Court of the State of Montana reversed the District Court's decision, holding that Ragner failed to satisfy the prejudice prong of the Strickland test, and remanded the case for amendment of the order consistent with its opinion. View "Ragner v. State" on Justia Law

Stephen Walks was charged with two counts of felony sexual intercourse without consent and two counts of felony sexual assault based on allegations made by his step-granddaughters, K.P. and K. The charges arose after K.P. disclosed to her mother that Walks had touched her inappropriately. Forensic interviews were conducted with both girls, during which they drew pictures depicting the alleged incidents. These drawings, along with their testimonies, were presented as evidence during the trial.The First Judicial District Court, Lewis and Clark County, presided over the trial. The jury found Walks guilty of felony sexual assault and two counts of felony sexual intercourse without consent. During deliberations, the jury was given unrestricted access to the drawings made by K.P. and K. during their forensic interviews and at trial. Walks objected to this, arguing that the drawings were testimonial in nature and should not have been available to the jury without supervision. The District Court overruled his objection.The Supreme Court of the State of Montana reviewed the case. The court held that the forensic interview drawings were not testimonial evidence and could be reviewed by the jury during deliberations. However, the court acknowledged that the trial drawings were testimonial but concluded that allowing the jury unsupervised access to these drawings was harmless error. The court reasoned that other substantial evidence presented at trial proved the same facts as the trial drawings, and there was no reasonable possibility that the error contributed to Walks' conviction. Consequently, the Supreme Court affirmed Walks' judgment of conviction. View "State v. Walks" on Justia Law

The State of Montana charged John Raymond Welzel with Assault with a Weapon, a felony, on November 14, 2022. On April 4, 2023, Welzel pled no contest during a change of plea hearing. The District Court released him on his own recognizance, with the condition that he reside either at the Recovery Centers of Montana (RCM) or with his father before sentencing. Welzel attended treatment at RCM from April 5, 2023, to May 6, 2023. On June 15, 2023, the District Court sentenced Welzel and credited him with 142 days of time served, excluding the 30 days spent at RCM.The Eleventh Judicial District Court of Flathead County reviewed the case and determined that Welzel was not entitled to credit for the time spent at RCM. The court's order did not mandate Welzel to attend or complete treatment at RCM, only to reside there or with his father. The court concluded that Welzel's stay at RCM was not "under the order of the court" as required by the relevant statute for credit for time served.The Supreme Court of the State of Montana reviewed the case. The court held that Welzel was not entitled to credit for the time spent at RCM because the District Court's order did not require him to attend treatment or impose consequences for not doing so. The court emphasized that the statute requires the time spent in a residential treatment facility to be "under the order of the court" to qualify for credit. The Supreme Court affirmed the District Court's judgment and sentence. View "State v. Welzel" on Justia Law

Jonah Micah Warr called 911 on July 29, 2020, expressing suicidal intent. Ravalli County Deputy Gregoire responded, and Warr, armed with a knife and experiencing a severe mental health crisis, advanced toward the deputy. Warr was subdued with tasers. On August 10, 2020, the State charged Warr with Assault on a Peace Officer, a felony, alleging he caused reasonable apprehension of serious bodily injury in Gregoire by use of a weapon. Warr faced a mandatory minimum of two years in prison.Warr initially entered a no contest plea on September 1, 2021, under a plea agreement that included a five-year suspended sentence and an exception to the mandatory minimum sentence due to mental impairment. The District Court rejected this plea agreement on December 1, 2021, doubting the applicability of the mental impairment exception due to evidence of voluntary intoxication. Warr withdrew his plea, and the case was reset for trial. On May 10, 2022, Warr re-entered a no contest plea under the same agreement, providing additional evidence of his mental impairment. On July 28, 2022, the District Court definitively rejected the plea agreement again, ruling that Warr's impairment resulted primarily from voluntary intoxication. Warr's request to withdraw his plea was denied by the court, which required a written motion.The Supreme Court of the State of Montana reviewed the case. The court affirmed the District Court's conclusion that the mental impairment exception under § 46-18-222(2), MCA, did not apply, as Warr's impairment was influenced by voluntary intoxication. However, the Supreme Court reversed the District Court's decision regarding Warr's right to withdraw his plea. The court held that the District Court violated § 46-12-211(4), MCA, by not allowing Warr to withdraw his plea immediately after rejecting the plea agreement. The case was remanded to the District Court to afford Warr the opportunity to withdraw his plea. View "State v. Warr" on Justia Law

On the evening of May 2, 2021, and into the early hours of May 3, 2021, an incident occurred at the home of Judy Foster involving her adoptive son, Donald Edward Foster, and M.W., an 18-year-old acquaintance. Foster, armed with a knife and later a handgun, threatened both women, restrained and bound them, and moved them to the basement. He isolated Judy in a bathroom and then committed multiple distinct acts of sexual assault against M.W., including oral, anal, and attempted vaginal penetration, each separated by time, location, and intervening events. After several hours, M.W. convinced Foster to leave the house, and he was apprehended by law enforcement.The State charged Foster with multiple counts, including aggravated sexual intercourse without consent, attempted sexual intercourse without consent, and aggravated kidnapping. During jury selection, the State disclosed newly discovered evidence from Foster’s cellmate, leading to an in-chambers discussion from which Foster was absent due to safety concerns. Foster’s counsel moved for a continuance, which the District Court of the Thirteenth Judicial District, Yellowstone County, granted. Foster later ratified this decision. At trial, the State did not use the cellmate’s evidence, and the jury convicted Foster on all counts.The Supreme Court of the State of Montana reviewed Foster’s claims of ineffective assistance of counsel, statutory violations regarding multiple charges from the same transaction, and due process violations for his absence from a critical stage. The court held that counsel was not ineffective for failing to object to multiple charges, as each offense was based on distinct acts. The court also found that Foster’s absence from the in-chambers discussion was harmless error, as he was promptly informed and ratified the decision, and the evidence in question was not used at trial. The court affirmed Foster’s convictions. View "State v. Foster" on Justia Law

Cole Michael Jacob was charged with felony indecent exposure after exposing himself to a minor. Initially pleading not guilty, Jacob later executed a plea agreement to enter an Alford plea in exchange for a recommended 10-year sentence with 6 years suspended and the withdrawal of the State's intent to seek persistent felony offender (PFO) status. However, Jacob requested more time to discuss the agreement and eventually decided not to change his plea. On the day of his trial, Jacob entered an Alford plea under a new agreement, where the State agreed not to seek a sentence exceeding 20 years and to withdraw its PFO notice.The Twentieth Judicial District Court, Lake County, held a sentencing hearing where the State recommended a 20-year sentence and presented a victim impact statement from the victim’s father. Jacob objected to the statement being read, claiming he had not received a copy. The court allowed the statement, and Jacob was sentenced to 15 years at the Montana State Prison with a requirement to complete sex offender treatment before being eligible for parole.Jacob appealed to the Supreme Court of the State of Montana, arguing that his due process rights were violated by the reading of the victim impact statement and that he should have been sentenced under the initial plea agreement, claiming he was not mentally competent to reject it. The Supreme Court found that Jacob’s due process rights were not violated as he did not allege any false information in the victim impact statement. Additionally, the court determined that Jacob did not preserve his argument regarding the plea agreement for appeal, as he did not raise the issue of his mental competence to reject the agreement before the District Court. The Supreme Court affirmed the District Court’s judgment. View "State v. Jacob" on Justia Law

Tyler Brandon Matthews was driving in Huntley, Montana, on December 30, 2019, when Corporal Bethany Richter observed several behaviors that led her to believe he was impaired. Matthews made a slow, wide turn, swerved between the center and fog lines, drove unusually slow, suddenly accelerated, and failed to maintain a consistent speed. Richter initiated a stop, resulting in Matthews's arrest and charge for driving under the influence.In Yellowstone County Justice Court, Matthews moved to suppress evidence from the stop, arguing that Richter's observations did not constitute particularized suspicion. He claimed that his driving behaviors were normal responses to road conditions. The Justice Court held an evidentiary hearing where Richter testified about her observations and training. The court viewed dash cam footage and denied Matthews's motion, concluding that Richter's training and observations provided sufficient particularized suspicion. The Thirteenth Judicial District Court affirmed this decision.The Supreme Court of the State of Montana reviewed the case, examining the Justice Court's findings of fact and application of the law. The court found that Richter's testimony and the totality of the circumstances supported particularized suspicion for the stop. The court also noted a clerical error in the written judgment, which incorrectly stated a $2,000 fine instead of the $600 fine pronounced orally. The Supreme Court affirmed the lower courts' decisions and remanded the case for correction of the written judgment to reflect the $600 fine. View "State v. Matthews" on Justia Law