State v. Stewart
| Docket Number | DA 11-0254 |
| Decision Date | 27 December 2012 |
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52 cases
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State v. Staker
...action intrudes or infringes upon an individual's reasonable expectation of privacy. State v. Stewart , 2012 MT 317 ¶¶ 33-34, 367 Mont. 503, 291 P.3d 1187 ; Allen , ¶¶ 47-61 ; Goetz , ¶¶ 25 and 27-37 ; State v. Tackitt , 2003 MT 81, ¶ 17, 315 Mont. 59, 67 P.3d 295 ; Boyer , ¶ 20 ; Hardaway ......
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State v. Christensen
... ... 291 evidence if its probative value is substantially outweighed by the danger of unfair prejudice. State v. Franks , 2014 MT 273, 15, 376 Mont. 431, 335 P.3d 725. This occurs "when the evidence will prompt the jury to decide the case on an improper basis." State v. Stewart , 2012 MT 317, 67, 367 Mont. 503, 291 P.3d 1187. 112 Prior to admitting 404(b) evidence, the prosecution must disclose evidence it intends to use regarding "other 472 P.3d 653 crimes, wrongs, or acts"; it is the defendant's burden to identify any of the State's evidence he or she believes ... ...
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State v. Strizich
... ... element of the crimes charged. In the final analysis, ... Strizich has not persuaded us that the flight evidence ... carried such unfair prejudice as to "prompt the jury to ... decide the case on an improper basis." State v ... Stewart , 2012 MT 317, ¶ 68, 367 Mont. 503, 291 P.3d ... 1187 (citing State v. Belanus , 2010 MT 204, ¶ ... 14, 357 Mont. 463, 240 P.3d 1021) ... ¶42 ... Strizich fails to establish that by admission of the flight ... evidence he "was prejudiced and his right to a fair ... trial ... ...
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State v. Lake
... ... Stewart , 2012 MT 317, 62, 367 Mont. 503, 291 P.3d 1187 (internal citations omitted). 27 In contrast, however, Rule 404(b) authorizes admission of other acts evidence when relevant for other non-propensity purposes. McGhee , 15 (quoting M. R. Evid. 404(b) and noting its non-exclusive list of other ... ...
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