Archive | Brady violation

RSS feed for this section

State v. Jeffries

State v. Jeffries, 2018 MT 17 (Feb. 6, 2018) (McKinnon, J.) (5-0, aff’d)

Issue: Whether the municipal court a used its discretion by denying Jeffries’ motion to exclude breath evidence.

Short Answer: No.

Affirmed

Facts: Jeffries was stopped by Missoula police early one morning while driving with no tail lights. Jeffries’ vehicle had a large portion of its front bumper missing, only one working headlight, and was dripping fluid. Investigation revealed recent property damage along Jeffries’ route with pieces of her vehicle left behind. The officer noticed Jeffries’ speech was slurred. Jeffries admitted to having two or three mixed drinks several hours earlier. A second police officer also noticed Jeffries’s speech was slurred and that her eyes were bloodshot, she was unsteady on her feet, and her breath smelled strongly of alcohol.…

State v. Colvin

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.

Affirmed

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.…

State v. Root

State v. Root, 2015 MT 310 (Oct. 27, 2015) (McGrath, C.J.; Cotter, J., dissenting) (4-3, aff’d)

Issue: (1) Whether Root’s attorney was ineffective for not requesting an accomplice instruction; and (2) whether the district court erred in denying Root’s motion to dismiss based on the prosecution’s failure to disclose a video statement of a witness.

Short Answer: (1) No; and (2) no, with Justices Cotter, McKinnon, and Shea dissenting on (2).

Affirmed

Facts: Lawrence Lee was stabbed in the arm and neck while in his pickup truck with Root and juvenile S.R. Lee and S.R. testified that Root stabbed Lee, after which S.R. jumped out of the truck and Lee pushed Root out of the truck. S.R. testified that after Lee left, S.R.…