2001 MT 233
STATE OF MONTANA,v.
STEVEN FRANCIS
Did the District Court commit reversible error when it
admitted Derrick Steilman's out of court statements?
An erroneously admitted hearsay statement by an admitted participant in a murder that the
defendant also participated in the murder and that the defendant was the one who inflicted
the lethal blows is qualitatively very damning, especially in light of the complete absence of any other direct evidence of the defendant's participation (e.g., other admissible eyewitness testimony, a confession, or other physical evidence). Accordingly, we must
admit that there is a reasonable possibility that Steilman's confession implicating Francis might have contributed to Francis' conviction.
Reversed and remanded for a new trial.
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Tuesday, September 30, 2008
accomplice testimony error
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