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State v. Deshazer

State v. Deshazer, 2016 MT 8 (Jan. 12, 2016) (Shea, J.) (5-0, aff’d)

Issue: Whether the district court erred in denying Deshazer’s motion to dismiss for improper venue.

Short Answer: No.

Affirmed

Facts: The state charged Deshazer with felony theft by common scheme in December 2013 for double-cashing seven paychecks issued to Deshazer. Deshazer deposited the checks from a Ravalli County employment agency, SS Staffing, to one bank via a mobile banking application on his phone, and then submitted them to a different bank for deposit thereafter. SS Staffing reported the double-cashing to Hamilton police.…

State v. Williams

State v. Williams, 2015 MT 247 (Aug. 18, 2015) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether the district court committed plain error by failing to instruct the jury that state had to prove Williams acted with purpose to deprive; and (2) whether Williams’ counsel rendered ineffective assistance by failing to object to the erroneous jury instruction.

Short Answer: (1) The Court declines to review this issue for plain error; and (2) No.

Affirmed

Facts: TW’s parents died, leaving him an orphan at 13. His paternal uncle, Carl, had custody under TW’s father’s will, but as unable to care for TW. Carl deferred to his sister, Debra, who was TW’s guardian for almost a year until she was seriously injured in a car accident.…