2008 MT 43N
STATE OF MONTANA,
v. THOMAS RONALD KNUDSON,
1. Did the District Court err by ordering Knudson to complete sex offender treatment as a condition of parole following revocation of his suspended sentence?
2. Did the District Court abuse its discretion by finding by a preponderance of the evidence that Knudson had committed sexual intercourse without consent while on probation, even though a jury had acquitted him of that charge?
The District Court exceeded its authority under § 46-18-203(7)(a)(iii), MCA (1999), when it conditioned Knudson’s parole eligibility on completion of Phases I and II of the sex offender treatment program at MSP. Accordingly, we remand this case for the limited purpose of striking that condition on Knudson’s parole eligibility.
Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.
Monday, July 14, 2008
District Court exceeded its authority, sex offender treatment
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2008
(103)
-
▼
July
(11)
- DUI Independent blood test
- Speedy Trial analysis
- Restitution error
- Speedy Trial winner
- Retroactivity parole and probation revocation prob...
- ineffective assistance of counsel post conviction ...
- Alchohol, casino restriction error, and restitutio...
- District Court exceeded its authority, sex offende...
- Suspended sentence revocation error
- The District Court erred in denying Deserly’s moti...
- Withdraw guilty plea
-
▼
July
(11)
No comments:
Post a Comment