DA 06-0565
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 274
STATE OF MONTANA, v. CLYDE WILLIAM HAYDEN, SR.
Issue 1: Did the District Court err by not striking DPHHS social worker Elizabeth Foster’s testimony that Hayden had a positive urinalysis test for methamphetamine and by not giving an instruction that such testimony must be disregarded?
Issue 2: Was it plain error to admit testimony that witnesses were telling the truth in their initial statements; and did the prosecutor commit plain error in his statements concerning witness credibility and his opinion of the quality of police work?
The District Court did not abuse its discretion by not striking the testimony regarding Hayden’s methamphetamine use. However, Hayden’s constitutional right to a fair trial was undermined by plain error. Reversed and remanded for a new trial.
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Thursday, August 07, 2008
Social workers testimony of amphetamine use error
Labels:
criminal law,
criminal procedure,
DPHHS,
social worker
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