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State v. Awbery

State v. Awbery, 2016 MT 48 (March 1, 2016) (McGrath, C.J.; Cotter, J., concurring) (7-0, aff’d)

Issue: (1) Whether the district court properly excluded evidence that some of the victims had suffered prior sexual abuse by others; (2) whether Awbery is entitled to a new trial based on prosecutorial misconduct; and (3) whether Awbery is entitled to a new trial based on the cumulative effect of several alleged errors.

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

Affirmed

Facts: The state charged Awbery with two counts of incest against his daughter, AA, when she was 12 or younger; sexual assault and sexual intercourse without consent against AA’s half-sister, JG, when she was 16 or younger; sexual intercourse without consent again IA when she was 12 or younger; and sexual assault against NH when she was 16 or younger.…

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.…