State v. Colvin, 2016 MT 129 (May 31, 2016) (McGrath, C.J.) (4-0, aff’d)
Issue: Whether the district court erred in dismissing the charge against Colvin based on his claim that the state failed to preserve exculpatory evidence.
Short Answer: No.
Facts: The state charged Colvin with attempted deliberate homicide in the September 4, 2014 shooting of Michael Aja. At the time of the incident, Aja was sitting his Jeep. Colvin claimed he was holding the pistol inside the driver’s side window when it accidentally fired and hit Aja.
On the day of the shooting, law enforcement seized and impounded Aja’s Jeep. As the case developed, the position of the pistol and its distance from the victim because important issues.…