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State v. Kline

State v. Kline, 2016 MT 177 (July 19, 2016) (McKinnon, J.; Baker, J., concurring) (5-0, aff’d)

Issue: (1) Whether the district court erred in concluding SK was not legally accountable for Kline’s incest, and (2) whether sufficient evidence corroborated SK’s testimony.

Short Answer: (1) No, and (2) yes.

Affirmed

Facts: The state charged Kline with criminal distribution of drugs, endangering the welfare of children, and incest, all felonies, in December 2013. According to the information, Kline committed these offenses by giving methamphetamine to SK, his daughter, allowing SK to ingest meth while in his care, and having sexual intercourse or sexual contact with SK.…

State v. Colburn

State v. Colburn, 2016 MT 41 (Feb. 23, 2016) (McGrath, C.J.; McKinnon, J., concurring) (7-0, rev’d & remanded)

Issue: (1) Whether the district court erred in disqualifying Colburn’s expert witness from testifying at trial; and (2) whether the district court erred in its application of the Rape Shield law to exclude evidence Colburn offered at trial.

Short Answer: (1) Yes; and (2) yes.

Reversed and remanded for a new trial

Facts: The state charged Colburn with two counts of incest involving his daughter, CC, one count of sexual intercourse without consent and two counts of sexual assault involving a neighbor girl, RW, all felonies. Both girls were 11 years old at the time of the offenses. RW testified at trial that Colburn touched her private parts manually and with his penis.…