Archive | Shea, J. (dissenting)

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State v. Kant

State v. Kant, 2016 MT 42 (Feb. 23, 2016) (Cotter, J., for the majority; Shea, J., dissenting) (4-1, aff’d)

Issue: Whether the district court erred in denying Kant’s motion to suppress and dismiss.

Short Answer: No.

Affirmed

Facts: Bradley Kant and his wife, Crystal, had registered caregiver’s licenses under the Montana Marijuana Act allowing them to grow and distribute marijuana in accordance with the law. Upon expiration of their licenses they did not renew them, but continued growing and distributing marijuana.…

In re Poplar Elem. v. Froid Elem.

In re Poplar Elem. v. Froid Elem., 2015 MT 278 (Sept. 17, 2015) (Rice. J.; Shea, J., dissenting) (4-1, rev’d)

Issue: Whether the district court erred in holding the county superintendent abused his discretion by receiving unsworn statements as evidence in the territory transfer hearing.

Short Answer: Yes.

Reversed and remanded

Facts: In March 2013, Froid’s board of trustees and a group of Roosevelt County electors petitioned the Roosevelt County school superintendent to transfer territory from the Poplar school district to the Froid school district. Poplar opposed the transfer. By statute, the county superintendent was required to hold a hearing on the petition. She appointed Paul Huber to act as deputy superintendent to hold the hearing and decide the petition.…

Beach v. State

Beach v. State, 2015 MT 118 (May 5, 2015) (Baker, J.; McKinnon, J., concurring: Wheat, J., dissenting; Shea, J., dissenting; Cotter, J. dissenting) (4-3, petition denied)

Issue: Whether Barry Beach’s sentence of 100 years without the possibility of parole is unconstitutional under Miller v. Alabama, 132 S. Ct. 2455 (2012).

Short Answer: No.

Petition for writ of habeas corpus denied

Facts: Beach was convicted of deliberate homicide in 1984 for a crime committed in 1979, when Beach was 17. The district court imposed the maximum sentence of 100 years without the possibility of parole. The record does not show that the court expressly considered Beach’s youth when imposing the sentence.

Procedural Posture & Holding: Beach petitions for a writ of habeas corpus, arguing that his sentence is unconstitutional under Miller v.