Archive | Juror challenge for cause

RSS feed for this section

State v. Kebble

State v. Kebble, 2015 MT 195 (July 14, 2015) (Cotter, J.; Rice, J., dissenting) (4-2, rev’d)

Issue: (1) Whether the justice court abused its discretion in denying Kebble’s challenge for cause of a prospective juror; (2) whether the justice court abused its discretion in granting the state’s motion in limine prohibiting Kebble for presenting evidence of the circumstances surrounding suspension of his outfitters license; and (3) whether the justice court erred when it sentenced Kebble under the statute in effect when he committed the crime rather than the one in effect when he was charged and convicted.

Short Answer: (1) Yes. When a potential juror works for the person or entity on whose behalf the prosecution was initiated, a challenge for cause must be granted; (2) no; and (3) no.…

State v. Champagne

State v. Champagne, 2013 MT 190 (July 16, 2013) (5-0) (Morris, J.)

Issue: (1) Whether the district court properly denied Champagne’s for-cause challenge of a prospective juror; (2) whether Champagne’s counsel provided ineffective assistance; (3) whether the district court properly admitted the forensic interviewer’s testimony; (4) whether the district court properly admitted JB’s prior consistent statements; and (5) whether the district court imposed an illegal sentence.

Short Answer: (1) Yes; (2) the record does not support this claim on direct appeal; it should be brought in a post-conviction proceeding; (3) yes; (4) yes; and (5) no, but future restitution has to be in a specific amount, and is remanded for correction of this issue.

Affirmed in part, reversed in part, and remanded…