Legal Opinion

State v. Franks

Montana Supreme Court

Decided October 8, 2014No. DA 13-0385PublishedCited by 27 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Jason Dean Franks appeals from his conviction of felony sexual intercourse without consent in the Eleventh Judicial District Court, Flathead County. We reverse and remand for a new trial.

¶2 On appeal, we address whether the District Court abused its discretion when it denied Franks’s motion for a new trial.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 On December 28, 2010, fifteen-year-old C.L. told her father that his former roommate, Jason Franks, had raped her when she" was eleven years old. The next day, C.L. and her father went to the Kalispell Police Department to report the allegation. During…

2Cases cited10 opinions

  1. State v. Van KirkMontana Supreme Court · 2001
  2. United States v. HamCourt of Appeals for the Fourth Circuit · 1993
  3. State v. BieberMontana Supreme Court · 2007
  4. State v. StewartMontana Supreme Court · 2012
  5. State v. District Court of the Eighteenth Judicial District of MontanaMontana Supreme Court · 2010

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3Cited by27 opinions

  1. State v. FavelMontana Supreme Court · 2015
  2. State v. MadplumeMontana Supreme Court · 2017
  3. State v. D. ZimmermanMontana Supreme Court · 2018
  4. State v. G. SpottedbearMontana Supreme Court · 2016
  5. Leach v. CommonwealthMissouri Court of Appeals · 2019

22 more not listed; retrieve them via the Exa API.

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