Justia Montana Supreme Court Opinion Summaries

Tyrone Lee Risher began serving a five-year sentence with the Montana Department of Corrections (DOC) in May 2018. In October 2021, he was conditionally released to the Butte Prerelease Center (BPRC). On February 18, 2022, Risher failed to return to BPRC, leading to an administrative warrant for his arrest. On February 22, 2022, the State charged Risher with escape, and a warrant was issued, stating he was not a flight risk and would be released on his own recognizance for the escape charge but held for his underlying sentence. Risher was arrested on April 29, 2022, and held in the Butte-Silver Bow County Detention Center until his return to Montana State Prison (MSP). He appeared before the Powell County Justice Court on May 24, 2022, and was released on his own recognizance for the escape charge but held for his underlying sentence.Risher was convicted of felony escape on March 6, 2023, and remanded to DOC custody pending sentencing. On April 25, 2023, the District Court sentenced him to 30 months in DOC custody, consecutive to his existing sentence, and denied his request for credit for time served, stating he was never held on the restriction of bail.The Supreme Court of the State of Montana reviewed the case. The court held that Risher was entitled to credit for time served from his arrest on April 29, 2022, until his release on his own recognizance on May 24, 2022. The court also noted that it was unclear whether Risher was entitled to credit for time served between his conviction and sentencing and remanded the case to the District Court to determine this. The decision was reversed and remanded for further proceedings consistent with the opinion. View "State v. T. Risher" on Justia Law

In January 2016, the State of Montana charged Lavodrick Terelle Hogues with felony aggravated promotion of prostitution involving a 17-year-old female, Jane Doe. The charge stemmed from an undercover operation where officers discovered Doe and another woman, Phylicia Zubia, offering escort services online. Evidence linked Hogues to the operation through phone records, MoneyGram transfers, and other communications.The Thirteenth Judicial District Court of Yellowstone County handled the initial proceedings. Hogues faced multiple delays due to changes in legal representation and his own absconding. He eventually requested to represent himself, which the court granted four days before trial. The court also allowed Jane Doe to testify via remote video due to travel burdens and pandemic concerns, despite Hogues' objections.The Montana Supreme Court reviewed the case. It affirmed the lower court's decision to allow Hogues to represent himself, finding that he had made a voluntary, knowing, and intelligent waiver of his right to counsel. However, the court reversed the decision to admit Jane Doe's remote testimony. The court held that the State failed to demonstrate that her in-person testimony was impracticable or that remote testimony was necessary to further an important public policy. The court emphasized the importance of face-to-face confrontation under the Sixth Amendment and Montana Constitution.The Montana Supreme Court concluded that the denial of Hogues' right to face-to-face confrontation was not harmless error, given Jane Doe's critical role as the alleged victim. Consequently, the court reversed Hogues' conviction and remanded the case for a new trial. View "State v. L. Hogues" on Justia Law

Dustin Lee Seyler was arrested on January 27, 2022, for two counts of burglary and was held without a warrant. The Justice Court held an initial appearance the next day and set a preliminary hearing for February 7, 2022, with bail set at $100,000. Seyler's counsel filed a notice of appearance and a request for discovery on February 1, 2022. The State filed a motion for leave to file an information on February 3, 2022, which the District Court granted on February 10, 2022. Seyler filed a motion to dismiss, arguing that the thirteen-day delay between his initial appearance and the District Court's grant of leave was unreasonable. The District Court denied the motion, and Seyler pleaded guilty while reserving his right to appeal. At sentencing, the District Court imposed various fees, which Seyler contested.The Twentieth Judicial District Court denied Seyler's motion to dismiss, finding the thirteen-day delay reasonable. Seyler appealed, arguing that the delay violated § 46-10-105, MCA, and that the District Court erred in imposing certain fees not mentioned in the oral pronouncement of his sentence.The Montana Supreme Court reviewed the case and held that the District Court did not abuse its discretion in denying Seyler's motion to dismiss. The Court found that the delay was not unreasonable given the circumstances and that Seyler had not demonstrated any prejudice resulting from the delay. However, the Court agreed with Seyler that the $50 pre-sentence investigation fee and the $200 cost of prosecution fee included in the written judgment conflicted with the oral pronouncement of his sentence. The Court affirmed Seyler's conviction but reversed and remanded for the District Court to amend the judgment by striking these fees. View "State v. Seyler" on Justia Law

Pablo Villalobos was arrested during a traffic stop for having two outstanding warrants and an expired license. During the arrest, he was found with a glass meth pipe, which he attempted to destroy. The residue on the pipe was confirmed to be methamphetamine. Villalobos initially entered a plea agreement to plead guilty to criminal possession of dangerous drugs in exchange for the dismissal of other charges and participation in a treatment court program. However, he was not accepted into the program due to his behavior, leading him to withdraw his plea and go to trial, where a jury found him guilty on all counts.The Seventh Judicial District Court sentenced Villalobos to three years at the Department of Corrections (DOC) for the drug possession charge, with a requirement to enroll in the treatment court. He was also sentenced to two years, all suspended, for tampering with evidence, with treatment court completion as a condition of the suspended sentence. For the misdemeanor charges, the court initially sentenced him to 30 days in jail, suspended for one year, but later changed this to six months in the written judgment.The Supreme Court of the State of Montana reviewed the case. It held that the District Court's requirement for Villalobos to complete the treatment court program as part of his DOC sentence was illegal, as the court can only recommend such placement. However, it upheld the requirement to complete the treatment court as a condition of the suspended sentence, provided Villalobos makes a good faith effort to qualify. The court also found the one-year suspension of the misdemeanor sentences exceeded the statutory maximum and reversed this part of the sentence, remanding for correction to align with the original 30-day sentence, suspended for no more than six months. View "State v. Villalobos" on Justia Law

Jeremy Christopher Holmquist was charged with failing to register as a sexual offender in Flathead County, Montana. The case proceeded to a jury trial on September 15 and 16, 2021. During the trial, Detective Buls testified about Holmquist's registration status in Missoula, despite not having personal knowledge of it. The defense objected to this as hearsay, but the court overruled the objection. Holmquist was convicted by the jury and sentenced to five years in Montana State Prison as a persistent felony offender.Holmquist appealed, arguing that the District Court erred in admitting the hearsay statement, which prejudiced his right to a fair trial. The State contended that any error in admitting the statement was harmless. The Montana Supreme Court reviewed the case and determined that even if the District Court erred, the error was harmless.The Montana Supreme Court held that the State provided sufficient admissible evidence proving Holmquist failed to register or keep his registration current. This included Holmquist's own admissions to a police officer that he was noncompliant and had not registered despite being informed of the requirement. The court found that the quality of the admissible evidence was superior to the hearsay statement and that there was no reasonable possibility that the hearsay statement contributed to Holmquist's conviction.The Montana Supreme Court affirmed Holmquist's conviction, concluding that the case was controlled by settled law and the clear application of applicable standards of review. View "State v. Holmquist" on Justia Law

Saul James Dooling was charged with felony theft and several misdemeanors after being apprehended following a high-speed chase in a stolen sedan in Ravalli County, Montana. The vehicle was initially stolen from Jerry’s Transmission in Missoula County. Dooling moved to dismiss the theft charge, arguing that he should be charged in Missoula County where the theft occurred. The District Court denied the motion, reasoning that the State could charge Dooling in Ravalli County because he exerted unauthorized control over the stolen vehicle there.The District Court of the Twenty-First Judicial District, Ravalli County, presided over the case. Dooling entered a plea agreement, pleading guilty to the theft charge and three misdemeanors while reserving the right to appeal the venue issue. The District Court sentenced him to three years with the Department of Corrections, with credit for 181 days served. Dooling did not appeal the misdemeanor convictions.The Montana Supreme Court reviewed the case. Dooling argued that the theft should be prosecuted in Missoula County, where the vehicle was stolen, citing State v. Eagle Speaker. The State countered that Dooling exerted unauthorized control in Ravalli County, making venue there appropriate. The Court held that under Montana law, a person commits theft by either obtaining or exerting unauthorized control over property. Since Dooling exerted unauthorized control in Ravalli County, the charge was proper there. The Court distinguished Eagle Speaker, noting it involved jurisdiction between sovereign nations, not venue within the state. The Court affirmed the District Court’s judgment, concluding that venue was proper in Ravalli County. View "State v. Dooling" on Justia Law

Nancy Jeanne Cahoon was pulled over on September 3, 2021, for expired vehicle registration. She was unable to produce her license, registration, or insurance information and indicated her license might be suspended. The state trooper confirmed her license was suspended and discovered a warrant for her arrest. The trooper noted items in the vehicle consistent with drug use and obtained Cahoon's consent to search the vehicle, finding methamphetamine and drug paraphernalia. Cahoon was arrested and charged with possession of methamphetamine, possession of drug paraphernalia, driving with a suspended license, and failure to have liability insurance.The Twenty-First Judicial District Court, Ravalli County, denied Cahoon's motion to suppress the evidence, arguing the stop was unconstitutionally prolonged. Cahoon failed to appear at the suppression hearing, and her counsel did not object to the court deciding the motion based on the briefs. The District Court concluded the stop was permissibly extended due to Cahoon's active warrant and denied the motion. Cahoon pled guilty without a plea agreement, reserving her right to appeal the denial of the motion to suppress.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The Court held that Cahoon failed to preserve her argument regarding her constitutional right to be present at the suppression hearing because it was not properly raised in the lower court. The Court noted that the District Court decided the motion based on the briefs without objection from Cahoon's counsel and that the record was insufficient to address Cahoon's constitutional claim on appeal. The Court affirmed the District Court's denial of the motion to suppress. View "State v. Cahoon" on Justia Law

Craig Thomas Headdress appealed from the Fourth Judicial District Court, Missoula County’s order revoking his suspended sentence and imposing a three-year Department of Corrections (DOC) supervision. Headdress had pled guilty to stalking in 2012 and was sentenced to a three-year suspended DOC commitment, to run consecutively to a sentence he was already serving. He began serving his suspended sentence on March 20, 2020, with several conditions, including obtaining permission before leaving his assigned district, submitting monthly reports, and abstaining from alcohol and illegal drugs.The District Court found that Headdress violated these conditions multiple times. He failed to complete the Enhanced/Transitional Supervision Services (ETSS) program, absconded, and tested positive for methamphetamine. He also failed to maintain contact with his probation officer, Bruce Barstad, and was found in various locations without permission. The State petitioned to revoke his suspended sentence, and the District Court held an evidentiary hearing where Barstad testified about Headdress’s non-compliance.The Montana Supreme Court reviewed the case and affirmed the District Court’s decision. The Court found that Headdress had absconded between August 11, 2021, and December 22, 2021, as he made no attempts to contact his probation officer during this period. The Court determined that Barstad made reasonable efforts to locate Headdress, including issuing a hold order and regularly contacting Headdress’s family. The Court concluded that the District Court did not abuse its discretion in revoking Headdress’s suspended sentence and denying him credit for elapsed time, as he was non-compliant throughout his supervision. View "State v. Headdress" on Justia Law

Richard DuCharme and Jennifer Brick are the parents of two minor children, S.D. and B.D. Their dissolution began in 2017, and since then, Brick has repeatedly refused to honor court-ordered parenting time. In June 2023, after a dispute about summer parenting time, Brick emailed S.D. claiming her father was keeping the girls illegally. Brick's behavior escalated to physical violence when she grabbed S.D.'s hair and punched her. S.D. escaped and reported the incident to the Bozeman Public Safety Center. Brick was charged with Partner Family Member Assault, and DuCharme filed for a temporary order of protection for both children.The District Court of the Eighteenth Judicial District, Gallatin County, granted a temporary restraining order and later held a hearing where S.D. testified about ongoing emotional abuse and the physical assault. The court granted a two-year Order of Protection for S.D. and a six-month Order of Protection for B.D., which was later extended indefinitely due to Brick's violation of the order.Brick appealed, presenting eight issues, including judicial bias, legal entrapment, misuse of court orders, due process violations, prosecutorial misconduct, ineffective assistance of counsel, and erroneous sentencing. The Montana Supreme Court addressed three main categories: the Order of Protection, related proceedings, and judicial bias.The court found that the District Court did not abuse its discretion in granting the Order of Protection based on the history of emotional and physical abuse. Brick's arguments related to criminal proceedings and the parenting matter were not considered as they were not properly before the court. The court also rejected Brick's claim of judicial bias, noting that adverse rulings alone do not constitute bias.The Montana Supreme Court affirmed the District Court's decision. View "Ducharme v. Brick" on Justia Law

Ned Gardner was charged with felony criminal endangerment and felony partner or family member assault in November 2020. The State of Montana did not file a notice to seek persistent felony offender (PFO) status at the omnibus hearing in January 2021. Instead, the State filed the notice under seal in September 2021, two weeks before the trial. Gardner objected to the untimely notice, arguing it did not give him ample time to prepare and that the State did not show good cause for the delay.The Fourth Judicial District Court denied Gardner's objection, reasoning that the late notice did not prejudice him and that he had ample time to object to the PFO designation. Gardner was found guilty of the partner or family member assault charge by a jury in October 2021. In February 2022, the District Court designated Gardner as a PFO and sentenced him to twenty years in prison with a ten-year parole restriction.The Supreme Court of the State of Montana reviewed the case. The court held that the State failed to provide timely notice as required by § 46-13-108(1), MCA, and did not demonstrate good cause for the delay. The court emphasized that timely notice is crucial for a defendant to understand the potential penalties and prepare a defense. The court found that Gardner was prejudiced by the untimely notice, as it affected his ability to make informed decisions about his defense.The Supreme Court reversed the District Court's order designating Gardner as a PFO and remanded the case for resentencing without the PFO designation. View "State v. Gardner" on Justia Law