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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