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.

Wednesday, May 21, 2008

insufficient evidence to support a conviction for

TATE OF MONTANA,v.
MICHAEL CARL HASER
1. Did the District Court err in denying Haser's motion to dismiss for lack of speedy
trial?
2. Was the evidence before the jury sufficient to sustain the conviction of sexual
intercourse without consent?
We therefore conclude that there was insufficient evidence to support a conviction for sexual intercourse without consent. We hold that a rational trier of fact could not have properly found that the essential element "without consent" due to the victims being "incapable of consent" pursuant to § 45-5-501(1)(b), MCA, had been proven beyond a reasonable doubt.

No comments:

Blog Archive

About Me

My photo
Given was raised on the streets and in foster homes surrounded by twelve girls. By age 11, authorities already warned his foster mother: “He’s too smart for his britches — keep an eye on him.” That early spark of genius — later estimated in the 145–155+ IQ range (top 0.1% to 0.01% of humanity) — combined with an elite, poetic vocabulary that flows like open chords, propelled him into a life few could survive, let alone immortalize. From the age of 16, Given became a one-man crime wave: robbing 75 banks with nothing but a Bic Pen and a smile, inventing the Mercury Bandit invisibility trick with a baby thermometer, dropping through pharmacy roofs with a Superman pillowcase, and running from New Orleans detectives through the French Quarter while dressed as a 70-year-old woman. He served 12 years on a 10-year federal sentence, reading 120 volumes of Supreme Court decisions in the hole and ruling the law library like a throne. He met the devil twice on a dope-sick bed and refused to curse God — only to have angels physically grab his arm and pull him back. His 56+ stories pour out raw, unoutlined, and alive — no MFA polish, no ghostwriter, no filter. The prose is Hemingway-tight yet