State v. Brown, No. 89-450
| Docket Nº | No. 89-450 |
| Citation | 242 Mont. 506, 791 P.2d 1384 |
| Case Date | May 15, 1990 |
| Court | United States State Supreme Court of Montana |
Page 1384
v.
Mark E. BROWN, Defendant and Appellant.
Decided May 15, 1990.
[242 Mont. 507] Vincent J. Kozakiewicz, Kozakiewicz Law Office, Dillon, for defendant and appellant.
Marc Racicot, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena, Thomas R. Scott, Beaverhead County Atty., Dillon, for plaintiff and respondent.
BARZ, Justice.
Mark E. Brown, defendant, was charged by information with felony assault, driving
Page 1385
while under the influence, and driving while license suspended or revoked in violation of Secs. 45-5-202(2)(c), 61-8-401(1)(a) and 61-5-212(1), MCA, respectively. A jury found defendant guilty on all counts on March 17, 1989. Defendant appeals the decision by the District Court of the Fifth Judicial District, Beaverhead County, allowing the introduction of evidence of other crimes, wrongs or acts. We reverse the District Court and remand for a new trial.On October 21, 1988, the defendant was released from the Beaverhead County Jail at approximately 9:00 a.m. Defendant proceeded to the Dillon Hotel and Bar, the Lobby Bar, and a local area inhabited by transient individuals known as the "cabbage patch." At the cabbage patch, defendant made arrangements to purchase a blue 1963 Mercury Comet. Defendant's driver's license was suspended or revoked at that time.
At approximately 1:00 p.m. on the same day, Terry Ersland was stopped at a downtown intersection when she noticed defendant honking his car horn behind her. Ersland was accompanied by two friends. All three individuals testified at the trial that defendant repeatedly honked his horn and then either "rammed" or "bumped" their vehicle several times from behind. Defendant then veered around them and proceeded at a high rate of speed down a city street. During this time, defendant, in his own words, "was a little bit more than intoxicated." Ersland and her friends then proceeded directly to the police station to report the incident.
While Ersland and her friends were at the police station relating the incident, defendant arrived at the police station to pick up his belongings. Ersland and her friends then identified defendant as the driver of the blue car that ran into them at the downtown intersection. Officer Arthur Cranford of the Dillon City Police informed defendant[242 Mont. 508] that they had a report of an accident in which he had been the driver. Defendant denied any involvement and later testified at trial that a man named "Ed" drove him to the county jail. When Officer Cranford informed defendant he was under arrest, defendant became belligerent and resisted booking. Defendant's resistance escalated with defendant striking Officer Cranford in the face and attempting to choke the officer. Only after Officer Cranford drew his revolver was defendant controlled.
On November 4, 1988, defendant was charged by information with the offenses of felony assault in violation of Sec. 45-5-202(2)(c), MCA, driving while under the influence, a misdemeanor, in violation of Sec. 61-8-401(1)(a), MCA, and driving while license suspended or revoked, a misdemeanor, in violation of Sec. 61-5-212(1), MCA. A jury trial was held March 16 and 17, 1989. Prior to the trial, on February 24, 1989, the State filed a notice of intent to introduce evidence of other crimes, wrongs or acts. In particular, the State cited the following acts committed by defendant for the purpose of proving motive, intent, preparation, plan, knowledge or common scheme or plan.
August 12, 1988:
Theft, a misdemeanor
Driving while under the influence, a misdemeanor
Leaving the scene of an accident, a misdemeanor
Operating a vehicle without liability insurance, a misdemeanor
Resisting arrest, a misdemeanor
September 5, 1988:
Disorderly conduct, a misdemeanor
Resisting arrest, a misdemeanor
Assault, a misdemeanor
September 6, 1988:
Assault, a misdemeanor
October 11, 1988:
Disorderly conduct, a misdemeanor
In the omnibus hearing on pretrial matters, the District Court ruled that it would allow the introduction of evidence of other crimes, acts or wrongs and therefore denied defendant's objection to the introduction
Page 1386
of the above-cited acts. During the State's case-in-chief, the [242 Mont. 509] evidence of prior crimes was introduced by the State and objected to by defendant. The jury returned a guilty verdict on all counts.The sole issue raised on appeal is whether the District Court erred in allowing the introduction of evidence of other crimes, wrongs or acts.
Rule 404(b), M.R.Evid., codifies the law regarding the admission of other crimes, wrongs or acts. This rule provides that:
Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue.
. . . . .
(b) Other crimes, wrongs, acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be...
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State Of Mont. v. Stout, No. DA 09-0112.
...listed in Rule 404(b).” State v. Matt, 249 Mont. 136, 141, 814 P.2d 52, 55 (1991). As an example of this, we cited State v. Brown, 242 Mont. 506, 791 P.2d 1384 (1990), where the Court held that the 356 Mont. 501other-acts evidence at issue was inadmissible because the prosecution had failed......
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State v. Crider, No. DA 12–0487.
...F.3d at 120. The court rejected this as an improper propensity inference. Varoudakis, 233 F.3d at 120. ¶ 65 Likewise, in State v. Brown, 242 Mont. 506, 791 P.2d 1384 (1990), the defendant was charged with felony assault after striking and attempting to choke an officer who was in the proces......
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Wickizer v. State, No. 75SO3-9312-CR-1432
...to prove the defendant's motive and intent to inflict harm upon a police officer during a booking process. State v. Brown (1990), 242 Mont. 506, 791 P.2d 1384. Oregon determined that because the similarities between a defendant's prior kidnapping and rape and the charged crime of rape and m......
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State v. Matt, No. 90-177
...of the Just Rule has resulted in an apparent narrowing of the purposes listed in Rule 404(b). As an example, State v. Brown (1990), 242 Mont. 506, 791 P.2d 1384, applied the third element of the Just Rule in reaching a conclusion that the prosecution failed to establish a common scheme, pla......
-
State Of Mont. v. Stout, No. DA 09-0112.
...listed in Rule 404(b).” State v. Matt, 249 Mont. 136, 141, 814 P.2d 52, 55 (1991). As an example of this, we cited State v. Brown, 242 Mont. 506, 791 P.2d 1384 (1990), where the Court held that the 356 Mont. 501other-acts evidence at issue was inadmissible because the prosecution had failed......
-
State v. Crider, No. DA 12–0487.
...F.3d at 120. The court rejected this as an improper propensity inference. Varoudakis, 233 F.3d at 120. ¶ 65 Likewise, in State v. Brown, 242 Mont. 506, 791 P.2d 1384 (1990), the defendant was charged with felony assault after striking and attempting to choke an officer who was in the proces......
-
Wickizer v. State, No. 75SO3-9312-CR-1432
...to prove the defendant's motive and intent to inflict harm upon a police officer during a booking process. State v. Brown (1990), 242 Mont. 506, 791 P.2d 1384. Oregon determined that because the similarities between a defendant's prior kidnapping and rape and the charged crime of rape and m......
-
State v. Matt, No. 90-177
...of the Just Rule has resulted in an apparent narrowing of the purposes listed in Rule 404(b). As an example, State v. Brown (1990), 242 Mont. 506, 791 P.2d 1384, applied the third element of the Just Rule in reaching a conclusion that the prosecution failed to establish a common scheme, pla......