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State v. Himes

State v. Himes, 2015 MT 91 (March 24, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether “security” was adequately defined for the jury; (2) whether the state proved that Himes sold a security; (3) whether the mens rea rule requires a mental state other than ‘willfully’ to sustain a felony conviction; (4) whether the “willfully” jury instruction created a strict liability offense, and renders the 10-year sentence a violation of Himes’ due process rights; (5) whether the fraudulent practices jury instruction was erroneous; and (6) whether Himes was properly sentenced.

Short Answer: (1) Yes; (2) yes; (3) yes; (4) no; (5) yes; and (6) yes.

Affirmed in part and reversed (fraudulent practices conviction)

Facts: Geoffrey Serata met Harris Himes at Himes’ ministry, Big Sky Christian Center.…

Thieltges v. Royal Alliance Associates, Inc.

Thieltges v. Royal Alliance Associates, Inc., 2014 MT 247 (Sept. 16, 2014) (5-0) McKinnon, J.

Issue: Whether the status of Royal Alliance’s agent as a registered securities salesperson was a self-concealing fact supporting a delay in the running of the statute of limitations.

Short Answer: No.

Affirmed