Justia Criminal Law Opinion Summaries

The Supreme Court affirmed the order of the district court denying the motion filed by H.M., a youth held in detention, seeking to dismiss a formal petition brought by the State to adjudicate H.M. as a delinquent youth, alleging one count of misdemeanor resisting arrest and three counts of assault on a police officer, holding that the district court did not err in denying the motion.As grounds to dismiss the petition H.M. argued that the State filed it one day beyond the seven-day time limit for such petitions against detained youths in Mont. Code Ann. 41-5-1401(2). The youth court declined to dismiss the petition, concluding that the State had good cause to file the petition and to detain H.M., outside the seven-day deadline. The Supreme Court affirmed, holding (1) the good cause exception in section 41-5-1401(2) applies to the youth court's decision not to dismiss an untimely petition charging a youth held in detention; and (2) the youth court properly denied H.M.'s motion to dismiss. View "In re H.M." on Justia Law

The Supreme Court affirmed Defendant's conviction of aggravated kidnapping, sexual intercourse without consent, and partner or family member assault, holding that Defendant was not entitled to relief on any of his allegations of error.Specifically, the Supreme Court held (1) Mont. Code Ann. 45-5-303(2) is not facially unconstitutional because it permits a judge, rather than a jury, to apply factors that reduce the maximum penalty; (2) Defendant's level three offender designation was objectionable, not illegal, and Defendant did not properly reserve his objection to the designation during sentencing; and (3) Defendant's counsel was not ineffective for failing to argue that the maximum sentence for kidnapping was ten years based on mitigating factors and failing to object to Defendant's level-three sex offender designation. View "State v. Pine" on Justia Law

The Supreme Court reversed the decision of the district court imposing costs, surcharges, and fees as recommended by Defendant's presentence investigation report in connection with his conviction of felony driving under the influence pursuant to Mont. Code Ann. 61-8-401, holding that remand was required.Despite Defendant's objections that he could not afford to pay, the district court imposed a $5,000 fine, several costs, surcharges and fees. The Supreme Court reversed and remanded the case for the court to strike the costs, surcharges, and fees from the judgment, holding that the court misapprehended the effect of the evidence at the sentencing hearing in concluding that Defendant had the ability to pay because his assets outweighed his liabilities. View "State v. Dowd" on Justia Law

The Supreme Court reversed the judgment of the district court denying Appellant's motion to transfer his criminal case to youth court, holding that the district court abused its discretion by failing to consider Appellant's mitigating and unrequited evidence supporting transfer.Defendant had turned seventeen years old one month before the incident leading to his charges of sexual intercourse without consent, sexual abuse of children, and sexual assault. After a hearing to determine if the case should be transferred to youth court, the district court concluded that transferring the case would be in Defendant's best interests and would serve the interests of community protection but that the transfer should be denied based on the severity of the offense. The Supreme Court reversed, holding that the district court misapprehended the evidence presented by Defendant suggesting that the nature of the offense did not warrant district court prosecution and, instead, impermissibly reached its conclusion based solely on the egregious facts of the offense. View "State v. Johnson" on Justia Law

The Supreme Court reversed the order of the district court revoking Defendant's suspended sentences, holding that the district court had no authority to revoke Defendant's sentence and impose on a new sentence on the basis that it did.On appeal, Defendant argued that the district court erred in revoking the suspended portions of his sentences for failing to enroll or complete treatment prior to his release from prison. At issue was whether Defendant would be in immediate violation of his probation conditions upon release to the suspended portion of his sentence. The Supreme Court vacated the sentence imposed upon Defendant, holding that the district court lacked the authority to revoke Defendant's sentence and impose a new sentence on the basis that Defendant did not have sex offender treatment arranged prior to release to the suspended portion of his sentence because no such requirement was contained in his probation conditions. View "State v. Pulst" on Justia Law

The Supreme Court reversed the judgment of the district court denying Defendant's motion to suppress and dismiss, holding that Defendant's warrantless arrest was unlawful, and therefore, it was error for the district court not to suppress and exclude the evidence discovered as a result of the unlawful search.Defendant pled guilty to criminal possession of dangerous drugs, reserving his right to appeal the denial of his motion to suppress and dismiss. On appeal, Defendant argued that the underlying arrest was illegal and led directly to the discovery of the incriminating evidence. The Supreme Court agreed and reversed, holding that the district court erred by not suppressing and excluding the evidence at issue. View "State v. Price" on Justia Law

The Supreme Court affirmed the order of the district court determining that there was no genuine dispute of material fact that a routine clothed body search did not violate Appellant's Eighth Amendment rights, holding that there was no error.Appellant, an inmate, filed an amended complaint alleging that Sergeant Larry Pasha's performance of a routine clothed body search of Appellant violated his Eighth Amendment rights. The district court granted summary judgment to Appellees on all claims. The Supreme Court affirmed, holding that there was no genuine dispute of material fact that Sergeant Pasha's search of Appellant was routine and did not violate Appellant's Eighth Amendment rights. View "Lawrence v. Pasha" on Justia Law

The Supreme Court affirmed the judgment of the trial court denying Appellant's second petition for postconviction relief (PCR) relating to his convictions for two counts of sexual intercourse without consent, two counts of incest, and one count of tampering with a witness, holding that Appellant's second petition was time barred.Based on a victim's affidavit, Appellant brought his second successive petition for PCR arguing that he had newly discovered evidence that the State had coached the victim. The district court dismissed the claims without ordering the State to respond. The Supreme Court affirmed, holding that Appellant's petition was time barred. View "State v. Worthan" on Justia Law

The Supreme Court affirmed the jury verdict and subsequent judgment of conviction and sentencing order issued by the district court convicting Defendant of sexual abuse of children and sentencing her to 100 years at the Montana Women's Prison with fifty years suspended for knowingly selling her four-year-old daughter, J.L.D., to a man for sex, holding that there was no error.Specifically, the Supreme Court held that the district court (1) did not err in excluding evidence pursuant to the Rape Shield statute that J.L.D. was abused by other men; (2) did not abuse its discretion in admitting evidence of other uncharged bad acts; (3) did not violate Defendant's right to a fair trial by soliciting testimony from an investigating detective; (4) did not violate Defendant's constitutional right to confrontation by requiring that litigants, witnesses, and jurors wear masks or face shields during trial; (5) did not abuse its discretion in limiting voir dire as it did; and (6) did not abuse its discretion by denying Defendant's motion for a mistrial based on the State's failure to disclose an investigative note. View "State v. Mountain Chief" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court adjudging Defendant guilty of five offenses, holding that the district court lacked jurisdiction over counts one, four, and five, and therefore, Defendant's convictions on those counts were improper.Defendant was adjudged guilty of misdemeanor assault (count one), felony assault on a peace officer or judicial officer (count two) and three counts of misdemeanor assault with a bodily fluid (counts three, four, and five). Defendant pled guilty to the misdemeanor charges and was found guilty by a jury on the felony charge. The Supreme Court reversed in part, holding (1) the district court erred by retaining jurisdiction over counts one, four and five; and (2) remand was required for the district court to amend the charge imposed with the sentence for count two from $200 to $20 and for count three from $20 to $15. View "State v. Pehringer" on Justia Law