Justia Criminal Law Opinion Summaries

The defendant, Jose Frank Patina, was found guilty of five counts of Assault with a Weapon after a three-day jury trial. During the trial, Patina raised concerns about not receiving full discovery and issues with his counsel's performance, including the timing and substance of certain motions and his ability to view evidence. He requested a substitution of counsel, citing a lack of communication and trust in his attorney.The Thirteenth Judicial District Court of Yellowstone County conducted an initial inquiry into Patina's complaints. The court confirmed that Patina had been provided with all necessary discovery and that his counsel had acted appropriately regarding the motions and evidence. Despite Patina's general feelings of discomfort and unsupported concerns, the court found his complaints to be vague and unsubstantiated. The court denied his request for substitute counsel, stating that his grievances did not demonstrate a complete breakdown in communication that would warrant such a substitution.The Supreme Court of the State of Montana reviewed the case and affirmed the lower court's decision. The court held that the District Court had conducted an adequate initial inquiry into Patina's complaints and correctly determined that his grievances were not "seemingly substantial." The court emphasized that a defendant's right to substitute counsel arises only when there is a complete breakdown in communication that frustrates the purpose of effective assistance. Patina's complaints were found to be either misunderstandings or matters of trial strategy, which do not justify the substitution of counsel. The conviction was affirmed. View "State v. Patina" on Justia Law

The defendant, Michael Lee Marfuta, Jr., lived in a trailer park in Livingston, Montana, and worked there under an informal agreement. After the park was sold to a nonprofit corporation, Marfuta faced new employment requirements and was eventually served with an eviction notice for failing to pay rent. Marfuta responded with threatening emails, indicating he would resist eviction violently. On February 2, 2021, law enforcement attempted to serve an eviction notice, leading to a standoff where Marfuta fired multiple shots at officers. He was eventually arrested after a prolonged confrontation.The Sixth Judicial District Court of Park County initially charged Marfuta with several offenses, including Attempted Deliberate Homicide, but did not include a weapon enhancement. The State later amended the charges to include the weapon enhancement under § 46-18-221, MCA. Marfuta moved to dismiss the weapon enhancement, arguing the State did not properly seek pre-filing approval. The District Court denied the motion, stating it had granted leave to file the Amended Information, which included the weapon enhancement. The jury found Marfuta guilty of Attempted Deliberate Homicide and Assault on a Peace Officer, and the court sentenced him to 82 years in prison, including the weapon enhancement.The Montana Supreme Court reviewed the case and affirmed the lower court's decisions. The Court held that the District Court properly denied Marfuta's motion to dismiss the weapon enhancement, as the State had provided sufficient probable cause and notice. The Court also found that the jury instructions on the mental state for Attempted Deliberate Homicide were adequate when considered as a whole. Additionally, the Court rejected Marfuta's claims of ineffective assistance of counsel, concluding that his counsel's performance did not fall below the standard required by the Sixth Amendment. View "State v. Marfuta" on Justia Law

Johnathan Bertsch was charged with two counts of deliberate homicide and two counts of attempted deliberate homicide after shooting at a vehicle, killing one person and injuring two others, and subsequently shooting a highway patrol officer. He pleaded guilty to one count of deliberate homicide and three counts of attempted deliberate homicide. The State requested $34,728.14 in restitution based on payments made to the victims by Montana’s Crime Victim Compensation Program. Bertsch, who relied on Social Security payments and had not maintained employment, objected to the restitution due to his indigent status.The Fourth Judicial District Court sentenced Bertsch to four consecutive life terms without parole and imposed the requested restitution amount plus a 10% administrative fee. The court reasoned that any funds Bertsch earned through prison work should go towards restitution. Bertsch appealed the restitution order, arguing that it should be waived as unjust given his financial inability to pay.The Supreme Court of the State of Montana reviewed the case. The court held that the restitution statutes require courts to determine restitution amounts without considering an offender’s ability to pay. Bertsch did not adequately request a waiver or present sufficient evidence to show that restitution was unjust under § 46-18-246, MCA. The court found that a general objection based on indigence did not meet the burden of proof required to waive restitution. The court affirmed the District Court’s order, noting that Bertsch could petition for a waiver or adjustment of restitution if his circumstances changed. View "State v. Bertsch" on Justia Law

On December 12, 2022, Joseph Benton Flynn was convicted of misdemeanor Driving Under the Influence (DUI) in Helena Municipal Court after pleading no contest. Prior to his plea, Flynn's motions to suppress evidence due to lack of particularized suspicion for the initial stop and to dismiss for lack of a speedy trial were denied. Flynn appealed these denials to the First Judicial District Court, which affirmed the Municipal Court's decisions.Flynn's appeal to the Montana Supreme Court raised two issues: whether there was particularized suspicion to stop him for speeding and whether his right to a speedy trial was violated. The Montana Supreme Court reviewed the case de novo.The court found that Officer Jessica Cornell had particularized suspicion to stop Flynn based on her training, experience, and the RADAR sign indicating Flynn was speeding. The court also held that the RADAR sign did not constitute an automated enforcement system prohibited by Montana law. Therefore, the initial stop and subsequent DUI investigation were justified, and the motion to suppress was correctly denied.Regarding the speedy trial claim, the court applied the four-factor balancing test from State v. Ariegwe. The total delay was 742 days, with 480 days attributed to Flynn due to his motions for continuances and waivers of his right to a speedy trial. The court found Flynn's responses to the delays did not demonstrate a desire for a speedy trial, and he failed to show prejudice from the delay. Consequently, the court concluded that Flynn's right to a speedy trial was not violated.The Montana Supreme Court affirmed the District Court's decision, upholding Flynn's conviction. View "State v. Flynn" on Justia Law

Benedict Dale Fredericks was involved in an altercation in the parking lot of the Bourbon Street Hotel in Billings, Montana, on January 25, 2022. Hotel clerk Marion Ackerman confronted Fredericks, suspecting him of trying to enter a car that did not belong to him. After a verbal exchange, Fredericks shoved Marion, who shoved him back. During the ensuing scuffle, Fredericks stabbed Marion three times. Marion's brother, Trevor, restrained Fredericks until law enforcement arrived. Fredericks was charged with Felony Assault with a Weapon and claimed he acted in self-defense.The Thirteenth Judicial District Court, Yellowstone County, presided over the case. During the trial, the defense requested a jury instruction on justifiable use of force, which the court denied, stating there was insufficient evidence to support this defense. The jury subsequently convicted Fredericks of Felony Assault with a Weapon, and he was sentenced to twenty years in prison, with five years suspended.The Supreme Court of the State of Montana reviewed the case. The main issue on appeal was whether the District Court abused its discretion by not instructing the jury on justifiable use of force. The Supreme Court found that although the District Court erred in its reasoning for denying the instruction, the refusal was ultimately correct. The evidence showed that Fredericks initiated the physical altercation and had opportunities to escape but chose to escalate the situation by using a knife. Therefore, the Supreme Court affirmed the District Court's judgment, concluding that the justifiable use of force instruction was not warranted based on the evidence presented. View "State v. Fredericks" on Justia Law

Christian Michael Smith was involved in a motorcycle accident on September 2, 2023, in Cascade County, Montana. Montana State Trooper Perry Woodland responded to the scene and found Smith injured and already being attended to by paramedics. Smith admitted to drinking the previous evening but could not perform a field sobriety test due to his injuries. Woodland followed Smith to the hospital, where Smith initially consented to a blood test but later refused after consulting with his mother. Consequently, Smith's driver's license was suspended under Montana's implied consent statute.Smith petitioned the Eighth Judicial District Court to reinstate his license, arguing that Trooper Woodland lacked particularized suspicion to request the blood test and that he did not refuse the test. The State contended that Woodland had probable cause to believe Smith was involved in an accident resulting in serious bodily injury, justifying the request for a blood test. The District Court found that while Woodland did not have particularized suspicion of DUI, he had probable cause to believe the accident resulted in serious bodily injury, thus upholding the request for the blood test. The court also found that Smith refused the test when he said, "I don’t want that," after speaking with his mother.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The Court held that Woodland had probable cause to believe Smith's injuries were serious, as defined by Montana law, and that Smith's statement constituted a refusal to submit to the blood test. The Court also declined to consider Smith's argument that he was incapable of refusing the test due to pain medication, as this argument was raised for the first time on appeal. The suspension of Smith's driver's license was upheld. View "Smith v. State" on Justia Law

In November 2006, Lloyd Kvelstad was murdered at a house party in Havre, Montana. Evidence showed that James Main was involved in a physical altercation with Kvelstad, during which Main choked Kvelstad multiple times. Kvelstad was later found severely beaten and unresponsive. Main was arrested and charged with deliberate homicide by felony murder. At trial, various testimonies and forensic evidence linked Main to the crime, leading to his conviction in February 2009.Main appealed his conviction, but the Montana Supreme Court upheld it in 2011, finding sufficient evidence to support the jury's verdict. Main later filed a petition for postconviction relief, alleging that the State violated his Brady rights by failing to disclose certain crime scene photos. He argued that these photos were crucial for determining the time and cause of Kvelstad's death. The District Court denied Main's petition without holding a hearing, taking judicial notice of findings from a co-defendant's postconviction case.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The Court found that even if the missing photos had been disclosed, they would not have changed the outcome of the trial. The evidence already presented was sufficient to establish Main's guilt for deliberate homicide by felony murder. The Court also found that Main's petition did not present newly discovered evidence but rather a new theory of the crime. Therefore, the District Court did not abuse its discretion in denying the petition without a hearing. View "Main v. State" on Justia Law

Jay Le Cleveland was approached by Polson police officers for a welfare check after a 911 caller reported him slumped over the steering wheel of his running car. Upon interaction, Cleveland explained he was fine but had burning eyes. When asked for his driver’s license, Cleveland stated he did not have it. The officer then verified Cleveland’s probation status and, with authorization from Cleveland’s probation officer, conducted a search of Cleveland’s car, finding drugs and a digital scale. Cleveland was charged with felony possession with intent to distribute.The Twentieth Judicial District Court denied Cleveland’s motion to suppress the evidence obtained from the search, ruling that the officer had particularized suspicion to expand the welfare check into a drug investigation. Cleveland entered a plea agreement, pleading no contest to one count and agreeing to pay a $300 prosecution fee, while reserving the right to appeal the suppression ruling.The Supreme Court of the State of Montana reviewed the case and affirmed the lower court’s decision. The Court held that the officer had reasonable cause to continue the interaction beyond the initial welfare check based on Cleveland’s behavior and responses. The Court also found that the probation officer had reasonable suspicion to authorize the search of Cleveland’s car. Additionally, the Court upheld the $300 prosecution fee, noting that Cleveland had agreed to it in his plea deal and did not object at sentencing. View "State v. Cleveland" on Justia Law

Ariel Jonae Powers was charged with arson in September 2020. In August 2021, her attorney informed the court that an evaluator found her unfit to proceed. The court ordered the evaluation to be filed under seal and allowed the State to respond. The State agreed with the unfitness finding and requested Powers be committed to the Montana State Hospital (MSH) for evaluation and treatment. In December 2021, the court stayed the proceedings, committed Powers to the Department of Public Health and Human Services, and she was transferred to MSH.Powers moved to dismiss the charge in March 2022, arguing the court failed to review her fitness within 90 days as required by law. Six days later, she was released from MSH after being found fit to proceed. The evaluators' report was filed with the court in March 2022. The District Court denied her motion to dismiss in May 2022, stating her commitment duration was less than 90 days from her admission to MSH. Powers then pled no contest to misdemeanor negligent endangerment and was sentenced to one year in the Park County Detention Center, all suspended, with fines and fees totaling $175.The Supreme Court of the State of Montana reviewed the case. Powers argued that the failure to review her fitness within 90 days required dismissal of the charges. The court held that while the statute mandates a review within 90 days, it does not automatically compel dismissal if the review is delayed. The court emphasized that dismissal is required only if the defendant remains unfit and unlikely to become fit in the foreseeable future. The court found that Powers regained fitness within a reasonable time, and thus, the District Court did not err in denying her motion to dismiss. The Supreme Court affirmed Powers's conviction. View "State v. Powers" on Justia Law

Garrett Michael O’Howell was arrested following a traffic stop on May 4, 2020. Broadwater County Sheriff’s Deputy Tony Cordova observed a vehicle in a parking lot and found the behavior of its occupants suspicious. The vehicle was registered to Kaitlyn Smock, whose driver’s license was revoked. After Smock drove the vehicle away, Cordova stopped it for speeding and because of Smock’s revoked license. None of the passengers, including O’Howell, had a valid driver’s license. Cordova discovered that O’Howell had an outstanding warrant and arrested him. A subsequent search of the vehicle revealed methamphetamine and drug paraphernalia.The First Judicial District Court denied O’Howell’s motion to suppress the evidence, concluding that the stop was justified and that Cordova’s actions were lawful. The court found that Cordova had a particularized suspicion to stop the vehicle and that the questioning of the passengers was within the scope of the stop. O’Howell was convicted by a jury of criminal possession of dangerous drugs with intent to distribute and possession of drug paraphernalia.The Supreme Court of the State of Montana reviewed the case. The court held that Cordova’s questioning of the passengers did not exceed the scope of the traffic stop, as it was necessary to determine if any of them could legally drive the vehicle. The court also found that there was sufficient evidence to support the jury’s verdict, including testimony from Smock and Laird, corroborated by O’Howell’s own statements and the physical evidence found in the vehicle. The court affirmed the lower court’s decision, upholding O’Howell’s convictions. View "State v. O'Howell" on Justia Law