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State v. Northcutt

State v. Northcutt, 2015 MT 267 (Sept. 8, 2015) (Baker, J.; McKinnon, J., concurring) (7-0, aff’d)

Issue: Whether the district court violated Northcutt’s right to be present and right to a public trial by asking the jury about the status of its deliberations without the defendant and the public present.

Short Answer: No.


Facts: The state charged Northcutt with three counts of assaulting a peace officer and one count of aggravated animal cruelty. On the third day of trial, the jury began deliberating around 4:30 p.m. At around 5:30 p.m., the jury sent a note to the court asking to see one of the demonstrative exhibits, which the court and the parties agreed to supply. The jury sent a second note around 7:30 p.m.…

State v. Greene

State v. Greene, 2015 MT 1 (Jan. 6, 2015) (Wheat, J.) (5-0, aff’d, rev’d in part)

Issue: (1) Whether Greene’s ineffective assistance of counsel claim was reviewable on postconviction relief; (2) whether the lower court erred in providing jury with a portion of the testimony; and (3) whether the written sentence unlawfully increased the oral sentence.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed in part, reversed in part

Facts: Greene was convicted of felony sexual assault in 1994. He was required to register as a sexual offender upon his release from prison, although not assigned a sexual offender tier level designation.

After being discharged from prison in July 2011, Greene registered his address with Missoula County, and signed a form regarding rules for updating his address.…