State v. Carnes, 2015 MT 101 (April 14, 2015) (Rice, J.; McKinnon, J., dissenting) (5-2, rev’d)
Issue: Whether the district court erred by failing to instruct the jury that the state was required to prove mental state for every element of the offense.
Short Answer: Yes.
Reversed & remanded
Facts: After Carnes and his girlfriend had an argument, Carnes packed and left the house. While he was outside, two deputies arrived in response to a domestic disturbance call from the residence. They did not use emergency lights, and pursuant to standard procedure, parked on the street and approached with flashlights. They were dressed in uniform. Without identifying themselves, they asked Carnes to step back from a truck that was running.…