Justia Montana Supreme Court Opinion Summaries

Defendant pled guilty to sexual assault and sexual intercourse without consent before Judge Lympus. At sentencing, Judge Lympus imposed a forty-year sentence with twenty suspended, as requested by the State pursuant to the plea agreement, and also imposed a ten-year restriction on eligibility for parole among other requirements. Defendant filed a petition for postconviction relief, arguing (1) his sentence was unfair because the judge used personal feelings against him and did not adequately explain his reasons for imposing the ten-year parole restriction, and (2) his defense counsel was ineffective. The district court dismissed the petition without a hearing. The Supreme Court, holding (1) Defendant's challenges the legality of his sentence were procedurally barred; and (2) Defendant was not denied effective assistance of counsel. View "Fletcher v. State" on Justia Law

Plaintiff John Hartsoe appealed the summary dismissal of his claim against the Honorable Loren Tucker. Hartsoe filed this action alleging that Judge Tucker had violated his constitutional rights by denying his request for a bail hearing, by dismissing one of his civil claims, and for declaring a mistrial in a criminal matter in which he was a Defendant. Judge Tucker appeared in the case and invoked judicial immunity for his actions in the complaint. "At this point, Hartsoe is well versed in our application of judicial immunity, yet he continues to file groundless and burdensome litigation against district court judges for their discharge of official duty. These actions amount to an abuse of our court system," and the Supreme Court imposed a sanction tailored to prevent future harassment with frivolous claims. View "Hartsoe v. Tucker" on Justia Law

Michele Fogarty appealed the outcomes of four criminal misdemeanor cases at the Missoula Municipal Court. The cases were heard in bench trials, all on the same day, all with Fogarty acting pro se. Fogarty appealed her subsequent convictions on grounds that she had been denied her constitutional right to counsel. The District Court affirmed the convictions. Upon review, the Supreme Court affirmed them too. View "City of Missoula v. Fogarty" on Justia Law

Defendant Jimmie Aker appealed his conviction by jury of sexual intercourse without consent. Defendant appealed the conviction on grounds that the prosecutor committed plain error during closing argument and that his trial counsel provided ineffective assistance. Finding no error, the Supreme Court affirmed. View "Montana v. Aker" on Justia Law

Robert Lee Colton Dietsch appealed his conviction for sexual assault of a twelve-year-old girl. Dietsch was seventeen at the time of the alleged assault. The State charged Dietsch as an adult. Dietsch moved to transfer prosecution from the district court to the youth court. The district court denied the motion. Dietsch later entered into a plea agreement whereby he agreed to plead guilt to one count of sexual assault in exchange for the State's agreement to drop a sexual consent without consent charge. Ultimately Dietsch received a deferred sentence of six years and sixty days. On appeal to the Supreme Court, Dietsch argued the district court abused its discretion in refusing to transfer his case to the youth court. The Supreme Court concluded sufficient evidence supported the district court's decision. However, the Court concluded the district court erred in its imposition of certain conditions on Dietsch, including setting an indeterminate amount for restitution, and failing to retain jurisdiction over the case until Dietsch reached age 21. Accordingly, the Court remanded the case for further proceedings. View "Montana v. Dietsch" on Justia Law

Concerned that Defendant had collided with a fire hydrant, a police officer approached Defendant's vehicle and spoke to Defendant, at which time he noticed indicators that Defendant was driving under the influence of alcohol. The officer ultimately arrested Defendant and cited him for driving under the influence (DUI). Defendant filed a motion to suppress the evidence from the stop. The municipal court denied the motion, concluding that the caretaker doctrine started the stop, and it ripened into a proper DUI investigation. Defendant subsequently pled guilty to DUI. The district court affirmed the denial of Defendant's motion to suppress. The Supreme Court affirmed, holding that although the district court based its reasoning on the community caretaker doctrine, the motion to suppress was appropriately denied on the ground that there was particularized suspicion for the stop. View "State v. Marcial" on Justia Law

After a jury trial, Defendant was convicted of sexual intercourse without consent, partner or family member assault, unlawful restraint, and violation of a no contact order. The district court sentenced Defendant to forty years imprisonment with twenty years suspended. The Supreme Court reversed, holding that the district court erred by allowing the State to question Defendant about his prior criminal history once he testified about the alleged victim's prior acts of violence against him, as the introduction of Defendant's criminal history, including convictions overturned by an appellate court for legal error, violated Defendant's right to a fair trial. View "State v. Rogers" on Justia Law

Defendant was charged with sexual assault, among other crimes. Defendant was subsequently arrested in New Mexico pursuant to an arrest warrant. Defendant pled guilty to one count of sexual assault as part of a plea agreement. After a sentencing hearing, the district court ordered Defendant to pay $1069 in restitution to reimburse the State for the cost of extraditing Defendant from New Mexico and imposed a twenty-year term of imprisonment. The district court subsequently re-sentenced Defendant to a term of fifteen years but also imposed the original restitution order. The Supreme Court reversed, holding that because the State was not a "victim" for the purposes of the restitution statutes, the district court lacked the authority to award restitution to the State. Remanded. View "State v. Brothers" on Justia Law

Defendant pled guilty to felony DUI offenses and associated offenses, including two misdemeanor offenses. After Defendant began serving his period of probation, the State filed a petition to revoke Defendant's probation based upon his violation of certain conditions of probation. The district court issued a bench warrant for Defendant's arrest, but Defendant had absconded from supervision. Eight years later, the State petitioned the district court to quash the original arrest warrant and to issue a new warrant for Defendant's arrest. Defendant was subsequently arrested and sentenced. Defendant appealed, arguing that the eight-year delay between the initial arrest warrant and his actual arrest violated his right to due process. The Supreme Court remanded for resentencing, as the district court may have imposed a longer period of imprisonment than allowed. View "State v. Sullivant" on Justia Law

Defendant was charged with criminal possession of dangerous drugs with intent to distribute and was appointed counsel. A jury subsequently found Defendant guilty of criminal possession with intent to distribute. The Supreme Court affirmed, holding (1) the district court's pre-trial inquiry into Defendant's complaint about his counsel was adequate, and the court did not abuse its discretion by declining to further consider Defendant's complaints in a hearing; (2) the district court did not err in denying Defendant's motion for a new trial; and (3) the case was remanded so that the district court may conform the written judgment to the oral pronouncement of sentence, which conditioned any assessment of fees upon Defendant's future ability to obtain work if released on parole. View "State v. Hammer" on Justia Law