Justia Criminal Law Opinion Summaries

A convenience store employee in Plentywood, Montana, discovered a small bag containing methamphetamine on the store floor during her shift and called law enforcement. Surveillance footage was reviewed, and a deputy identified Shawn Andersen as a person who had been in the area where the bag was found. The deputy did not watch all of the footage but focused on the time around when the bag appeared. Later, another bag of methamphetamine was found in Andersen’s pocket when he was arrested at the county jail. Both baggies tested positive for methamphetamine. At trial, the State’s case relied heavily on the surveillance footage and related testimony to link Andersen to the drugs found at the store.The Fifteenth Judicial District Court in Sheridan County presided over Andersen’s jury trial. During deliberations, the jury asked to review the surveillance footage. While they watched, the State’s legal assistant audibly commented, “There it is,” as the video showed the disputed moment. Andersen’s counsel immediately moved for a mistrial, arguing that the comment could have improperly influenced the jury. The District Court denied the motion, and the jury convicted Andersen on all counts. Andersen was sentenced to a combination of suspended and consecutive sentences for possession of dangerous drugs and possession of drug paraphernalia.The Supreme Court of the State of Montana reviewed whether the District Court abused its discretion by denying Andersen’s motion for mistrial. The Supreme Court held that the legal assistant’s comment constituted improper third-party jury misconduct, creating a presumption of prejudice. Because the District Court neither declared a mistrial nor conducted an inquiry to rebut this presumption, the Supreme Court found this to be an abuse of discretion. The conviction was reversed, and the case was remanded for a new trial on all counts. View "State v. Andersen" on Justia Law

A man was originally convicted of felony burglary for breaking into a bar in Montana and received a twenty-year prison sentence with five years suspended. After serving time and being released, he began the suspended portion of his sentence. The State later filed a petition to revoke his suspended sentence based on several alleged probation violations, including failing to register as a sex offender. While represented by counsel, he admitted to the failure-to-register allegation, and the court set a dispositional hearing to determine the consequences.The Montana Ninth Judicial District Court presided over the revocation proceeding. At the dispositional hearing, the man appeared without counsel after his attempts to retain private counsel failed and after his appointed counsel was allowed to withdraw. He requested reappointment of a public defender but none was assigned before the hearing. The court conducted no inquiry into whether he knowingly and voluntarily waived his right to counsel and proceeded with resentencing him to five years in prison. The man appealed, arguing he was denied his right to counsel at a critical stage and that he did not waive that right.The Supreme Court of the State of Montana held that the district court erred by conducting the dispositional hearing and resentencing without counsel and without a valid waiver of the right to counsel. The Court found this to be a structural error requiring automatic reversal, noting the man’s consistent efforts to obtain representation and the absence of any meaningful waiver inquiry. The Court vacated the dispositional order and remanded for a new hearing at which the man must be represented or must validly waive representation. The Court declined to resolve his request to withdraw his earlier admission, leaving it for further proceedings if appropriate. View "State v. Lambert" on Justia Law

A man was charged with felony criminal possession of dangerous drugs after being found with methamphetamine and paraphernalia following a single-vehicle crash in Sanders County, Montana. During his hospital treatment after the crash, law enforcement recovered drugs and a pipe from his clothing, and further investigation at the scene yielded additional drugs, firearms, and related items. He was prosecuted for possession of dangerous drugs, while several other related charges were dismissed prior to trial.At his jury trial in the Twentieth Judicial District Court, the defendant participated in the morning proceedings but failed to return after the lunch break. The court, over his attorney’s objection, continued the trial in his absence under Montana law, which allows the trial to proceed if a felony defendant is voluntarily absent and the crime is not punishable by death. The jury found him guilty while he was absent. He was later arrested and sentenced to five years in prison. On appeal, he argued that the trial court erred by proceeding in his absence and that his attorney was ineffective for not moving to suppress evidence found in his clothing.The Supreme Court of the State of Montana held that the district court did not err in resuming the trial in the defendant’s absence, concluding that he voluntarily absented himself and thereby waived his right to be present. The Court further held that, when voluntary absence is established, there is no need for the trial court to exercise additional due diligence to secure a defendant’s presence for the verdict. The Court also determined that the record was insufficient to review his ineffective assistance of counsel claim on direct appeal. The district court’s judgment was affirmed. View "State v. McKnight" on Justia Law

On November 23, 2019, the appellant was driving an Acura with three children, including her own, when her vehicle was rear-ended by another driver. Witnesses testified that after this collision, the Acura accelerated rapidly, left the road, then reentered it and collided head-on with a Yukon. The crash resulted in the death of one child and serious injury to another. At the time, the appellant’s driver’s license was suspended, and she was not permitted unsupervised contact with her children due to prior involvement with Child Protective Services.The State of Montana charged the appellant with multiple offenses, including negligent homicide, criminal endangerment, and driving with a suspended license. The Thirteenth Judicial District Court, Yellowstone County, presided over a six-day jury trial. The jury found the appellant guilty on all counts. The appellant’s defense argued that the initial rear-end collision was the cause of the subsequent crash, while the prosecution maintained that the appellant’s actions, including improperly restraining the children and fleeing the scene, were negligent and directly led to the fatal incident.On appeal to the Supreme Court of the State of Montana, the appellant challenged the sufficiency of the evidence for the negligent homicide conviction, asserted ineffective assistance of counsel, objected to the admission of certain expert testimony, sought a mistrial based on inadmissible testimony, and disputed the order of restitution for lost wages. The Montana Supreme Court affirmed the District Court’s judgment. It held that there was sufficient evidence for the negligent homicide conviction, found no ineffective assistance of counsel, ruled that the District Court did not abuse its discretion in admitting expert testimony or denying a mistrial, and upheld the restitution award, finding it legally appropriate under Montana law. View "State v. Mullendore" on Justia Law

The case concerns a confrontation between the defendant, a 29-year-old man, and his 79-year-old neighbor in Winnett, Montana. After an altercation outside their apartments, the neighbor was found fatally stabbed, while the defendant had a gunshot wound. The defendant claimed he acted in self-defense after the neighbor allegedly shot him first. Physical evidence, however, contradicted the defendant’s account, indicating the victim was not standing when stabbed and that the sequence of events differed from the defendant’s narrative. The defendant was charged with deliberate homicide, with a sentencing enhancement for use of a dangerous weapon.In the Tenth Judicial District Court, the defendant initially indicated he might raise a mental disease or disorder defense but failed to meet several disclosure deadlines and ultimately abandoned that defense. The District Court, upon a motion in limine by the State, precluded the defendant from introducing evidence to support a lesser-included offense of mitigated deliberate homicide while pursuing a justifiable use of force (self-defense) claim. The court also addressed juror evidentiary questions during trial without consulting the parties, to which the defendant did not object. After a jury trial, the defendant was convicted and sentenced to 110 years in prison.On appeal, the Supreme Court of the State of Montana found that the District Court erred in categorically precluding the defendant from seeking a mitigated deliberate homicide instruction while pursuing a justifiable use of force defense. The Supreme Court clarified that a defendant may present alternative theories if supported by the evidence. However, the Supreme Court affirmed the conviction, holding that the defendant failed to show he was prejudiced, as he did not present admissible evidence supporting mitigation at trial. The court also declined to exercise plain error review regarding the handling of juror questions, finding no manifest miscarriage of justice. The judgment was affirmed. View "State v. Smith" on Justia Law

In this case, a defendant was charged with two counts of sexual intercourse without consent and one count of sexual assault, all involving minor victims. The events took place in a home where the defendant lived with his partner and her family. The allegations involved three minors: A.M., K.E., and K.K., who reported inappropriate sexual contact by the defendant on different occasions between 2015 and 2018. K.K., the youngest, disclosed the abuse to her parents shortly after spending the night at the defendant’s home, but during trial, she could not recall the events or her prior statements. The prosecution introduced K.K.’s earlier statements to her parents and a forensic interviewer, which described specific acts of sexual assault.The Eighth Judicial District Court, presiding over Cascade County, denied the defendant’s motion to dismiss one count (involving K.K.), finding that there was sufficient corroborative evidence to support K.K.’s prior inconsistent statements. The corroborative evidence included the immediate and distressed reaction of K.K.’s parents, the timing of K.K.’s disclosures, and the child’s demeanor in her forensic interview. The jury convicted the defendant on all counts. Nearly a year and a half later, the defendant moved for a new trial, arguing that irregularities in the jury selection process violated Montana law. The District Court denied this motion as untimely and found no evidence that the jury was not a fair cross-section of the community or that the selection process had affected the trial’s fairness.The Supreme Court of the State of Montana reviewed the case. It held that reliable, independent corroborative evidence supported K.K.’s prior inconsistent statements, satisfying the evidentiary requirements. The Court also held that technical violations in the jury selection process did not render the trial unfair or the jury unrepresentative. The Supreme Court affirmed the District Court’s rulings and the defendant’s convictions. View "State v. French" on Justia Law

A 45-year-old man encountered a 15-year-old girl, T.K., and her friends at a house party in Butte, Montana. Over two occasions, he purchased alcohol for them. On the night in question, after drinking heavily, T.K. and another friend asked the man for a ride to get more alcohol. He drove them to a gas station, bought whiskey, and later drove them back to Butte. T.K. was heavily intoxicated and, after a series of events including sexual activity in the car involving the man and another adult, T.K. was ultimately taken by the man to his hotel. Surveillance footage showed him carrying an unconscious and limp T.K. into the hotel. She woke later, confused, missing clothes, and feeling sore. A hospital exam found injuries and DNA matching the man. T.K. was underage and highly intoxicated.The State of Montana charged the man with sexual intercourse without consent. At trial in the Second Judicial District Court in Butte-Silver Bow County, the prosecution presented evidence of T.K.’s incapacity due to age and intoxication. The jury was given a stipulation regarding the mental state required (“knowingly”) that used an incorrect, result-based definition. The jury returned a guilty verdict, specifically finding that the man was guilty because T.K. was under 16 and because she was incapacitated.On appeal to the Supreme Court of the State of Montana, the defendant argued the erroneous jury instruction violated his rights and that his counsel was ineffective for agreeing to it. The Court held that, although the instruction was incorrect, the evidence at trial clearly demonstrated the defendant’s awareness of T.K.’s incapacity. Therefore, he was not prejudiced by the error. The Court declined to exercise plain error review and also rejected the ineffective assistance claim for lack of prejudice. The conviction was affirmed. View "State v. Davisson" on Justia Law

The defendant was charged with multiple felonies, including Incest, Tampering With or Fabricating Physical Evidence, and sixteen counts of Sexual Abuse of Children. He entered a binding plea agreement to plead guilty to four counts of Sexual Abuse of Children in exchange for dismissal of the remaining charges and a net sentence of forty years, with twenty suspended. At the plea hearing, the defendant affirmed he understood the agreement, had discussed it with counsel, and was entering his plea voluntarily without coercion. Several weeks later, he sent communications to the court and the State, asserting that his prior counsel had pressured him into accepting the plea.Following these communications, attorney McKittrick formally replaced attorney Martin as defense counsel. The Eighth Judicial District Court held a hearing to address the defendant’s request for substitution of counsel, applying the standards from State v. Johnson, 2019 MT 34. At the hearing, the defendant claimed he had been pressured by his previous attorney, referencing conversations about sentencing risks. McKittrick, present during those discussions, described them as a standard risk-versus-reward analysis, not coercion. The District Court found no actual conflict of interest, irreconcilable conflict, or complete breakdown in communication warranting substitution and denied the request.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court abused its discretion in denying substitution of counsel. Applying the abuse of discretion standard and reviewing the procedures and analysis used below, the Supreme Court found the District Court conducted an adequate inquiry and properly applied settled law. The main holding is that the District Court did not abuse its discretion in denying the defendant’s request for substitution of counsel because the concerns raised did not amount to an actual conflict, irreconcilable conflict, or complete breakdown in communication. The decision of the District Court was affirmed. View "State v. Carlin" on Justia Law

Joseph Dwayne Matt was a passenger in Levi Gadaire’s vehicle when it was stopped by law enforcement for erratic driving. Both Matt and Gadaire were probationers, and Matt was flagged as an absconder with an active warrant for his arrest. During the stop, Gadaire admitted to recent methamphetamine use, which led to a search of the vehicle. Officers discovered multiple bags of methamphetamine and drug paraphernalia in the center console. Matt was charged with criminal possession of a dangerous drug with intent to distribute by accountability, and criminal possession of drug paraphernalia.The case proceeded to trial in the Montana First Judicial District Court, Broadwater County. The State’s evidence included testimony from the reporting driver, law enforcement officers, body cam footage, surveillance video, and phone records. Gadaire, who had given multiple inconsistent statements during the investigation, testified that Matt was present during the drug pick-up but later recanted aspects of his testimony. At the close of the State’s case, Matt moved for a directed verdict, arguing that the State’s evidence was insufficient because it relied on uncorroborated accomplice testimony. The District Court denied the motion, and the jury found Matt guilty of criminal possession of a dangerous drug, but not guilty of possession of drug paraphernalia.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court erred in denying Matt’s motion for a directed verdict due to insufficient corroborating evidence. The Supreme Court held that the State failed to provide independent evidence connecting Matt to the crime, apart from Gadaire’s testimony. Mere presence in the vehicle did not meet the statutory requirement for corroboration. The Supreme Court reversed Matt’s conviction, remanded the case, and ordered the District Court to vacate the judgment and dismiss the charges. View "State v. Matt" on Justia Law

Three men, including Andre Anthony, entered a Family Dollar Store in Hardin, Montana, and over about ten minutes, one of the men fraudulently completed three transactions at the computerized cash register by pressing the “cash received” button without providing payment. Surveillance video showed Anthony standing near the register, at times distracting the store attendant, while the fraudulent transactions occurred. The men left with three gift cards and a bottle of body wash, totaling $1,512.35. Law enforcement later detained the men and found receipts and merchandise matching the transactions in their vehicle. The store attendant misidentified Anthony as the man who pressed the register button, but Anthony was arrested and charged.Initially, Anthony was charged in Hardin City Court with shoplifting, but the charges were amended to unlawful use of a computer by accountability. After posting bail, Anthony returned to Michigan and requested to appear at hearings by video, which was sometimes permitted. At trial, Anthony appeared by video, but the court denied his request to testify by video after the prosecution rested. The City Court found Anthony guilty on all three counts. On appeal, the District Court for the Twenty-Second Judicial District affirmed the convictions and sentence, finding sufficient evidence and no reversible error in the denial of Anthony’s request to testify by video.The Supreme Court of the State of Montana reviewed the case de novo. It held that the evidence was sufficient to support Anthony’s convictions for unlawful use of a computer by accountability, as his actions and presence supported a finding that he aided or abetted the offenses. However, the Supreme Court found that the City Court abused its discretion by allowing Anthony to appear by video for trial but then denying his request to testify by video without clear explanation. The Supreme Court reversed Anthony’s convictions and remanded for a new trial on all counts. View "City of Hardin v. Anthony" on Justia Law