No. 05-617 2006 MT 240 JASON LEE LOTT v. STATE OF MONTA
In light of the writ’s history and purpose, as well as Montana’s constitutional guarantee in Article II, Section 19, that the writ of habeas corpus shall never be suspended, we conclude that, as applied to a facially invalid sentence—a sentence which, as a matter of law, the court had no authority to impose—the procedural bar created by § 46-22-101(2), MCA, unconstitutionally suspends the writ. We hold that incarceration of an individual pursuant to a facially invalid sentence represents a "grievous wrong," Brecht, 507 U.S. at 637,113 S. Ct. at 1721, and a "miscarriage of justice," Perry, 232 Mont. at 462, 758 P.2d at 273, warranting habeas corpus relief.
Thursday, October 12, 2006
Confrontation Clause violation
No. 05-308 2006 MT 258
STATE OF MONTANA v. GLEN DALE PARKER,
We therefore conclude that Parker’s constitutional right to confront the witnesses against him was violated when the tape of Kratz’s statement to police was delivered to the jury. We further conclude, pursuant to Van Kirk, that a reasonable possibility exists that the delivery of Kratz’s statement to the jury room contributed to Parker’s conviction. Parker is therefore entitled to a new trial.
STATE OF MONTANA v. GLEN DALE PARKER,
We therefore conclude that Parker’s constitutional right to confront the witnesses against him was violated when the tape of Kratz’s statement to police was delivered to the jury. We further conclude, pursuant to Van Kirk, that a reasonable possibility exists that the delivery of Kratz’s statement to the jury room contributed to Parker’s conviction. Parker is therefore entitled to a new trial.
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