Archive | Partner-family member assault

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State v. Rogers

State v. Rogers, 2013 MT 221 (Aug. 13, 2013) (7-0) (Baker, J.)

Issue: (1) Whether the district court violated Rogers’ constitutional rights by requiring him to testify to his defense of justifiable use of force prior to cross-examining the victim about her prior acts of violence against him, and (2) whether the district court erred by allowing the state to question Rogers about his prior criminal history once he testified about the victim’s prior acts of violence against him.

Short Answer: (1) No, as Rogers failed to preserve this issue for appeal, and (2) yes, this trial error was not harmless.

Reversed & remanded for a new trial

State v. Birthmark

State v. Birthmark, 2013 MT 86 (April 9, 2013) (5-0) (McGrath, C.J.)

Issue: (1) Whether Birthmark’s attorney provided ineffective assistance of counsel; (2) whether the Court should exercise plain error review of the jury instructions regarding the mental state for partner-family member assault; and (3) whether the written judgment should be corrected.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed & remanded for correction of the written judgment