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State v. Morse

State v. Morse, 2015 MT 51 (Feb. 23, 2015) (McKinnon, J.) (4-1, rev’d, Rice, J., dissenting)

Issue: (1) Whether the district court erred in denying Morse’s untimely motion for new trial and directing Morse to pursue postconviction relief; and (2) whether the district court abused its discretion in allowing the state to elicit testimony fro the victim’s sisters about Morse’s past conduct.

Short Answer: (1) Yes. The Court reverses in this issue and does not reach (2).

Reversed and remanded

Facts: HS is the adult daughter of Morse’s girlfriend. She is married, with three children, and suffers from spinal neuropathy and has chronic back pain. She is prescribed a muscle relaxer for pain relief. HS had known Morse for several years, and believed he know certain chiropractic techniques to help her back pain.…