Justia Montana Supreme Court Opinion Summaries

After a jury trial, Defendant was convicted of two counts of attempted deliberate homicide. The Supreme Court affirmed Defendant's convictions and sentence, holding (1) the district court correctly denied Defendant's motion for a new trial based on juror misconduct; (2) the district court id not err by failing to inquire into Defendant's ineffective assistance of counsel claim and the voluntariness of his decision to represent himself; (3) the district court correctly concluded that Defendant was not deprived of his right to speedy trial; (4) the district court did not err by admitting evidence of Defendant's prior assault of his wife; (5) a jury instruction on mitigated deliberate homicide did not rise to the level of plain error; and (6) the district court properly imposed parole conditions. View "State v. MacGregor" on Justia Law

Thomas Madsen, a sheriff's deputy, was charged with mistreating prisoners pursuant to Mont. Code Ann. 45-5-204 for his behavior toward K.J., a female juvenile who was brought to the county law and justice center at the request of her parents for assistance in getting her transported to residential treatment. Madsen moved to dismiss the charge, contending that K.J. was not a prisoner under section 45-5-204. The district court agreed and dismissed the charge against Madsen because K.J. was a juvenile, had not been convicted of an offense, and was not being held in a State facility. The Supreme Court reversed and remanded, holding that, under the circumstances, K.J. was a prisoner under section 45-5-204(1), and the charging information filed in this case was adequate to state an offense. View "State v. Madsen" on Justia Law

After a jury trial, Defendant was convicted of three counts of omitting material facts relating to his offer and sale of a security. Defendant appealed, arguing that the multiple charges statute, Mont. Code Ann. 46-11-410, precluded his convictions on two of the three counts with which he was charged. The Supreme Court reversed the district court's judgment as to two of Defendant's convictions, holding (1) the State's assertion that "each count had a different element" was incorrect, as each count had the same statutory element, and the offenses arose from the same transaction; and (2) therefore, the district court erred in denying Defendant's motion under section 46-11-410. Remanded. View "State v. Parks" on Justia Law

After a jury trial, Defendant was convicted of sexual intercourse without consent. The Supreme Court affirmed, holding (1) the district court correctly concluded that Defendant was not denied his right to a speedy trial; (2) Defendant failed to establish that he received ineffective assistance of counsel when his attorney failed to object to evidence at trial; (3) the State did not violate Defendant's right to due process by using Defendant's silence after receiving Miranda warnings against him at trial, as the issue was raised during cross-examination of Defendant and focused on Defendant's alibi; and (4) Defendant failed to establish that his conviction should be reversed based upon cumulative error, as there was no error in his conviction. View "State v. Morsette" on Justia Law

In 1992, Petitioner was convicted of incest. Petitioner was sentenced to twenty years imprisonment, and the sentencing court required that Petitioner register as a sexual offender. In 2012, Petitioner filed a petition requesting relief from his requirement to register as a sexual offender, filed pursuant to Mont. Code Ann. 46-23-506(3)(b). After a hearing, the district court concluded that Petitioner failed to establish the statutory requirements necessary to be relieved from the requirements of registration. The Supreme Court affirmed, holding that the district court exercised proper discretion in denying Petitioner's petition, as (1) the court correctly interpreted section 46-23-506(3)(b); and (2) the petition was not well founded. View "Langford v. State" on Justia Law

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