State v. Byrne

Docket NumberDA 19-0420
Decision Date21 September 2021
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5 cases
  • State v. Miller
    • United States
    • Montana Supreme Court
    • May 17, 2022
    ...a witness statement as a lie, or a witness or the accused as a liar or as having lied. State v. Byrne , 2021 MT 238, ¶¶ 23-34, 405 Mont. 352, 495 P.3d 440 (prosecutor improperly invaded province of jury by eliciting multiple expert opinions as to the credibility and truthfulness of the chil......
  • State v. Miller
    • United States
    • Montana Supreme Court
    • May 17, 2022
    ...a witness statement as a lie, or a witness or the accused as a liar or as having lied. State v. Byrne, 2021 MT 238, ¶¶ 23-34, 405 Mont. 352, 495 P.3d 440 (prosecutor invaded province of jury by eliciting multiple expert opinions as to the credibility and truthfulness of the child victim and......
  • State v. Strizich
    • United States
    • Montana Supreme Court
    • November 30, 2021
    ...of the flight evidence he "was prejudiced and his right to a fair trial violated." See State v. Byrne, 2021 MT 238, ¶ 30, 405 Mont. 352, 495 P.3d 440; 40-20-701(1) and (2), MCA. We decline to require a new trial on this ground. ¶43 2. Has Strizich established plain error in the District Cou......
  • State v. Corena Marie Mountain Chief
    • United States
    • Montana Supreme Court
    • August 1, 2023
    ...jury to determine the credibility of witnesses and the weight to be given to their testimony. State v. Byrne, 2021 MT 238, ¶ 23, 405 Mont. 352, 495 P.3d 440. Generally, a witness is permitted to comment on another witness's credibility. Hayden, ¶¶ 26, 31. ¶23 "Both the Sixth Amendment of th......
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