Archive | Failure to register as sex offender

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State v. Greene

State v. Greene, 2015 MT 1 (Jan. 6, 2015) (Wheat, J.) (5-0, aff’d, rev’d in part)

Issue: (1) Whether Greene’s ineffective assistance of counsel claim was reviewable on postconviction relief; (2) whether the lower court erred in providing jury with a portion of the testimony; and (3) whether the written sentence unlawfully increased the oral sentence.

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

Affirmed in part, reversed in part

Facts: Greene was convicted of felony sexual assault in 1994. He was required to register as a sexual offender upon his release from prison, although not assigned a sexual offender tier level designation.

After being discharged from prison in July 2011, Greene registered his address with Missoula County, and signed a form regarding rules for updating his address.…

State v. Nauman

State v. Nauman, 2014 MT 248 (Sept. 16, 2014) (5-0) Wheat, J.

Issue: (1) Whether the district court erred by departing from the plea agreement without giving Nauman the opportunity to withdraw his guilty plea; (2) whether the district court erred by imposing particular conditions on Nauman’s sentence; and (3) whether the term “pornography” in condition 31 of Nauman’s sentence is unconstitutionally vague.

Short Answer: (1) Yes; (2) no; and (3) the Court declines to address this issue as it was not raised before the district court.

Reversed in part & affirmed in part

State v. Bullplume

State v. Bullplume, 2013 MT 169 (June 25, 2013) (5-0) (McKinnon, J.)

Issue: (1) Whether Bullplume waived appellate review of the requirement that he pay for his court-ordered evaluations and treatment, and (2) whether the district court abused its discretion in imposing certain conditions on Bullplume’s sentence, related specifically to sexual offenders.

Short Answer: (1) Yes, and (2) no.