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Sample Edition Montana Advance Sheets A Weekly Compendium of Court Rulings of: Montana Supreme Court [pp 1-15] State Trial Courts [pp 16-35] Federal Trial Courts [pp 36-46] Friday, March 12, 2021 _______________________________________________ MONTANA SUPREME COURT CONTENTS Non-citeable Criminal Montana Supreme Court 2021 MT 59N STATE OF MONTANA, Montana Supreme Court 2021 MT 63N STATE OF MONTANA, Plaintiff and Appellee, v. DANIEL TODD Collins, Defendant and Plaintiff and Appellee, v. QUINTON RAND Sederdahl, Defendant and Appellant. Decided: March 9, 2021. Case No.: DA 19-0643. APPEAL Appellant. Decided: March 9, 2021. Case No.: DA 18-0393. APPEAL FROM: District Court of the Third Judicial District, In and For the FROM: District Court of the Eleventh Judicial District, In and For the County of Anaconda-Deer Lodge, Cause No. DC-18-121 Honorable Ray County of Flathead, Cause No. DC-17-205(C) Honorable Heidi J. J. Dayton, Presiding Judge Ulbricht, Presiding Judge Baker, J. 1 McGrath, C.J. 6 Montana Supreme Court 2021 MT 62N RONALD Latray, Petitioner Mental Commitment/Family/DN and Appellant, v. STATE OF MONTANA, Respondent and Appellee. Montana Supreme Court 2021 MT 58N IN THE MATTER OF THE Decided: March 9, 2021. Case No.: DA 20-0131. APPEAL FROM: MENTAL HEALTH OF: A.O., Respondent and Appellant. Decided: District Court of the Thirteenth Judicial District, In and For the County March 9, 2021. Case No.: DA 19-0141. APPEAL FROM: District Court of Yellowstone, Cause No. DV 19-985 Honorable Rod Souza, Presiding of the Eleventh Judicial District, In and For the County of Flathead, Judge Cause No. DI-16-054(A) Honorable Amy Eddy, Presiding Judge McGrath, C.J. 3 Baker, J. 7 Montana Supreme Court 2021 MT 61N DAVID W. Nelson, Petitioner Montana Supreme Court 2021 MT 57N IN THE MATTER OF: S.P., A and Appellant, v. STATE OF MONTANA, Respondent and Appellee. Youth in Need of Care. Decided: March 9, 2021. Case No.: DA 20-0314. Decided: March 9, 2021. Case No.: DA 19-0057. APPEAL FROM: APPEAL FROM: District Court of the Eighth Judicial District, In and District Court of the Third Judicial District, In and For the County of For the County of Cascade, Cause No. DN 17-303 Honorable John W. Powell, Cause No. DV-18-15 Honorable Ray J. Dayton, Presiding Judge Parker, Presiding Judge Sandefur, J. 3 Gustafson, J.. 9 Montana Supreme Court 2021 MT 64N SHANE PHILLIP Nickerson, Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee. Decided: March 9, 2021. Case No.: DA 20-0129. APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. DV-19-1271 Honorable Heidi J. Ulbricht, Presiding Judge McGrath, C.J. 5 Citeable Family/DN Montana Supreme Court 2021 MT 60N STATE OF MONTANA, Montana Supreme Court 2021 MT 56 IN THE MATTER OF: K.L.N., A Plaintiff and Appellee, v. ROBERTO Salaman-Garcia, Defendant and Youth in Need of Care. Decided: March 9, 2021. Case No.: DA 20-0315. Appellant. Decided: March 9, 2021. Case No.: DA 20-0161. APPEAL APPEAL FROM: District Court of the Eighth Judicial District, In and FROM: District Court of the Eighth Judicial District, In and For the For the County of Cascade, Cause No. DDN 18-008 Honorable John W. County of Cascade, Cause No. DC 18-504 Honorable John A. Kutzman, Parker, Presiding Judge Presiding Judge Gustafson, J.. 11 Rice, J. 5 FROM: District Court of the Third Judicial District, In and For the Montana Supreme Court - Non-Citeable County of Anaconda-Deer Lodge, Cause No. DC-18-121 Honorable Ray CRIMINAL J. Dayton, Presiding Judge COUNSEL OF RECORD: For Appellant: Tyson Allen McLean, Kris A. McLean Law Firm, PLLC, Missoula, 1. Montana Supreme Court 2021 MT 59N STATE OF MONTANA, Montana For Appellee: Austin Knudsen, Montana Attorney General, Plaintiff and Appellee, v. DANIEL TODD Collins, Defendant and Tammy K Plubell, Assistant Attorney General, Helena, Montana Ben Appellant. Decided: March 9, 2021. Case No.: DA 19-0643. APPEAL Krakowka, Deer Lodge County Attorney, Anaconda, Montana Submitted 3/12/2021 Montana Advance Sheets - Supreme Court Rulings [pp. 1-15] Page 1 on Briefs: February 3, 2021. counsel, the District Court violated his constitutional rights. This ! Justice Beth Baker delivered the Opinion of the Court. Court reviews for abuse of discretion a district court's ruling on - ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme a motion to continue trial. State v. Garcia, 2003 MT 211, ¶ 10, Court Internal Operating Rules, this case is decided by 317 Mont. 73, 75 P.3d 313 (citation omitted). "A district court memorandum opinion and shall not be cited and does not serve abuses its discretion when it acts arbitrarily without the as precedent. Its case title, cause number, and disposition shall employment of conscientious judgment or exceeds the bounds of be included in this Court's quarterly list of noncitable cases reason resulting in substantial injustice." State v. Hardground, published in the Pacific Reporter and Montana Reports. 2019 MT 14, ¶ 7, 394 Mont. 104, 433 P.3d 711 (citation ! ¶2 Daniel Todd Collins appeals a jury verdict and judgment finding omitted). A party seeking a continuance must demonstrate a him guilty of two counts of Criminal Child Endangerment in sufficient level of diligence in preparing for trial, and that a violation of § 45-5-628, MCA. Collins argues that the District Court continuance is "in the interests of justice." State v. Duncan, 2008 erred by denying his motion for a continuance to obtain expert MT 148, ¶ 37, 343 Mont. 220, 183 P.3d 111 (citation omitted). witnesses; denying his motion for a continuance to obtain private The District Court determined that Collins had not demonstrated counsel; and denying his motion for a mistrial due to prosecutorial sufficient diligence in attempting to secure either expert witnesses misconduct. He argues that his trial counsel provided ineffective or private counsel. The District Court already had granted Collins assistance on the same issues. We affirm. one continuance to pursue an expert. Collins did not present the - ¶3 On November 2, 2018, Montana Highway Patrol Trooper District Court with the names of any prospective experts or have Joseph Fowler arrested Collins on suspicion of driving under the an estimate of the costs associated with retaining any such influence of alcohol. Because there were two minors in the experts. Further, Collins did not provide any medical vehicle, the State charged Collins with two counts of Criminal documentation or affidavit evidencing that he indeed suffers from Child Endangerment in violation of § 45-5-628, MCA, along his claimed eye and liver disorders in the first place, making any with several other misdemeanor violations. Trial was set for April defense based on those disorders pure speculation. Collins's 22, 2019. At the final pretrial conference on April 3, the District counsel represented the nature of the request was just to "have Court granted Collins a continuance of trial, over the State's time to [] locate the expert and try and flush [sic] it out." Collins objection, to pursue the possibility of obtaining a medical or has not met his burden on appeal to demonstrate that the District other expert witness to explain a problem with Collins's eyes to Court abused its discretion when it refused to continue the trial. rebut the State's evidence of Collins's poor performance on the - ¶7 For similar reasons, the District Court did not abuse its Horizontal Gaze Nystagmus ("HGN") test. The court set the trial discretion in denying Collins's motion for a continuance to for late June. About twenty days before the scheduled jury trial, attempt to retain private counsel. Collins had a conversation with Collins again moved for a continuance so that he could save a private attorney just five days before trial and did not make his enough money to hire potentially two expert witnesses: one to request until the morning of voir dire. Collins did not discuss examine the previously discussed issue with Collins's eyes that with private counsel the costs associated with any possible he claimed affected his performance on the HGN test and another representation, and there was no agreement that the prospective to testify on a potential medical issue with his liver, which he private counsel would or could actually represent Collins if the claimed affected detection of his blood alcohol levels. The Office trial were continued. As it stood, Collins had a public defender of Public Defender had denied Collins funds for these potential familiar with his case and ready to go to trial that day. Finally, experts. Collins presented no evidence of any existing diagnosis Collins did not know what private counsel's retainer would be, for either condition and had neither retained nor found any and the District Court reasonably doubted Collins's asserted experts to perform any examinations. The District Court ability to pay based on his indigent status. Given the expressed skepticism at the practicality of Collins being able to uncertainties and the timing of his request on the morning of secure the funds for two experts and found the reasons for the trial, Collins has not met his burden to show that he displayed motion "wispy at best." The District Court denied Collins's diligence in seeking private counsel or that a continuance was motion for a continuance. needed to further "the interests of justice." The District Court did - ¶4 Collins's trial commenced on June 24, 2019. The morning of not abuse its discretion by denying the motion. trial, Collins pleaded guilty to the misdemeanor charges, leaving - ¶8 Collins next argues that the prosecutor committed misconduct only the two Criminal Child Endangerment charges for the jury.
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