Justia Montana Supreme Court Opinion Summaries

The Supreme Court affirmed the district court’s imposition of a condition on Defendant’s suspended sentence that Defendant pay the costs of his imprisonment, probation, and alcohol treatment “if financially able.”Defendant pleaded no contest to felony driving under the influence of alcohol (DUI) and was committed to the Department of Corrections for thirteen months, with an additional five years suspended. On appeal, Defendant challenged the imposition of the condition on his suspended sentence that he pay the costs of his imprisonment, probation, and alcohol treatment on the ground that the district court failed to determine his ability to pay these costs. The Supreme Court affirmed, holding that the district court made the proper determination of Defendant’s ability to pay the costs that the district court imposed, and Mont. Code Ann. 61-8-731(4)(b) required no more than what the district court did. View "State v. Daricek" on Justia Law

The Supreme Court affirmed Defendant’s conviction for operating a noncommercial vehicle with alcohol concentration of 0.08 or more (DUI per se) but reversed the district court’s order imposing the cost of legal counsel on Defendant. The court held (1) Defendant’s right to due process was not violated by a jury instruction that instructed the jurors, when choosing between two competing interpretations of circumstances evidence, to choose whichever interpretation was the “most reasonable”; but (2) the district court erred in imposing costs of legal counsel on Defendant given Defendant’s limited fixed income and disability status. View "State v. Iverson" on Justia Law

The Supreme Court affirmed Defendant’s conviction for driving under the influence of alcohol (DUI), fourth or subsequent offense, and the sentence imposed in connection with the offense of thirteen months with the Department of Corrections for placement in a residential alcohol treatment program and four years suspended to be served consecutively. On appeal, Defendant challenged the district court’s denial of his for-cause challenge to a prospective juror. In affirming, the Supreme Court held that the district court did not abuse its discretion in denying Defendant’s for-cause challenge of the prospective juror. View "State v. Russell" on Justia Law

The Supreme Court affirmed the order of the district court denying Defendant’s motion in limine to exclude evidence at trial that his wages were being garnished and an order requiring Defendant to pay nearly $65,000 in restitution plus statutory and administration fees. The court held (1) the district court did not err when it denied Defendant’s ineffective assistance of counsel claim; (2) the district court did not abuse its discretion when it found that Defendant’s wage garnishment was admissible evidence under Mont. R. Evid. 404(b); and (3) there was substantial evidence to support the district court’s restitution order. View "State v. Ailer" on Justia Law

The Supreme Court affirmed the order of the district court denying Defendant’s motion in limine to exclude evidence at trial that his wages were being garnished and an order requiring Defendant to pay nearly $65,000 in restitution plus statutory and administration fees. The court held (1) the district court did not err when it denied Defendant’s ineffective assistance of counsel claim; (2) the district court did not abuse its discretion when it found that Defendant’s wage garnishment was admissible evidence under Mont. R. Evid. 404(b); and (3) there was substantial evidence to support the district court’s restitution order. View "State v. Ailer" on Justia Law

The Supreme Court affirmed Defendant’s conviction of felony aggravated assault, holding that the district court did not abuse its discretion in admitting the testimony of a doctor who examined the victim.After a jury trial, Defendant was convicted of felony aggravated assault for strangling Michelle Allen, his domestic partner. During trial, over Defendant’s objection, the district court admitted testimony from an emergency room physician about Allen’s statements during her examination after the attack. On appeal, Defendant argued that the doctor’s testimony violated his rights under the Confrontation Clause and was not admissible under the under the hearsay exception for information related to medical examinations under Mont. R. Evid. 803(4). The Supreme Court disagreed, holding (1) the doctor’s testimony concerning the victim’s out-of-court statements did not violate Defendant’s Confrontation Clause rights; and (2) the doctor’s testimony met the Rule 803(4) hearsay exception as a statement made for purposes of medical diagnosis or treatment. View "State v. Porter" on Justia Law

The Supreme Court affirmed Defendant’s conviction for aggravated driving under the influence and related offenses, holding that the State did not deny Defendant due process of law by failing to provide Computer Online Breath Records Archive (COBRA) data underlying Defendant’s breath test, and the municipal court did not abuse its discretion by denying Defendant’s motion to exclude breath evidence.During the DUI proceedings, Defendant filed a motion in limine to exclude her Intoxilyzer 8000 breath test results or dismiss her DUI charge as a sanction against the City of Missoula for failing to produce requested COBRA data. The municipal court denied the motion to exclude. The Supreme Court affirmed, holding that the municipal court did not abuse its discretion in denying Defendant’s motion to exclude, and the district court did not err in affirming. View "State v. Jeffries" on Justia Law

The Supreme Court affirmed Defendant’s conviction for sexual intercourse without consent, holding that the district court did not abuse its discretion in giving the deadlocked jury an Allen-instruction.During Defendant’s second jury trial, the jury sent a note to the judge six hours into deliberation asking when it could determine it was deadlocked because the jurors were unable to agree on a verdict. The State requested the revised Allen-instruction in State v. Norquay, 248 P.3d 817 (Mont. 2011). Defendant objected, requesting that the judge accept the jury as deadlocked because the six-hour deliberation indicated that the jury had diligently considered the case. The court overruled the objection and gave the jury an instruction nearly identical to Norquay’s revised Allen-instruction. The Supreme Court affirmed, holding that Norquay’s revised Allen-instruction was appropriately given because it was not coercive. View "State v. Santiago" on Justia Law

The Supreme Court affirmed Defendant’s conviction for sexual intercourse without consent, holding that the district court did not abuse its discretion in giving the deadlocked jury an Allen-instruction.During Defendant’s second jury trial, the jury sent a note to the judge six hours into deliberation asking when it could determine it was deadlocked because the jurors were unable to agree on a verdict. The State requested the revised Allen-instruction in State v. Norquay, 248 P.3d 817 (Mont. 2011). Defendant objected, requesting that the judge accept the jury as deadlocked because the six-hour deliberation indicated that the jury had diligently considered the case. The court overruled the objection and gave the jury an instruction nearly identical to Norquay’s revised Allen-instruction. The Supreme Court affirmed, holding that Norquay’s revised Allen-instruction was appropriately given because it was not coercive. View "State v. Santiago" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the district court’s denial of Appellant’s motion to modify his criminal judgment “as to financial obligations.”Appellant was convicted of criminal endangerment. At the sentencing hearing, the State sought significant restitution for the victim. Appellant argued that the case involved liability issues more appropriately addressed in civil litigation initiated by the victim. The district court determined that imposition of full restitution in Appellant’s sentence was mandatory and also imposed an administrative fee. After the civil lawsuit was settled, Appellant filed a motion to amend the judgment regarding his financial obligations within the criminal action, requesting that the district court waive the restitution administrative fee in light of the promptness of the settlement and find that, based on civil releases, a restitution condition had been satisfied as to two parties. The district court denied the motion. The Supreme court affirmed the district court’s denial of Appellant’s request for modification or satisfaction of the criminal judgment to reflect his civil settlement but reversed the district court’s order denying all relief, holding that the district court’s order contained a factual error regarding the amount received by the victim in the civil settlement relative to the restitution he was ordered to receive. View "Erickson v. State" on Justia Law