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Legal Opinion

State v. Kirk Spencer

Montana Supreme Court

Decided September 25, 2007No. 05-627PublishedCited by 26 opinions

1Opinion of the CourtJustice Leaphart

¶1 Kirk Wayne Spencer (Spencer) appeals from his conviction in the Tenth Judicial District, Fergus County, of sexual intercourse without consent with his stepdaughter. We affirm.

¶2 We restate the issues as follows:

¶3 Did the introduction of S.S.’s hearsay statements violate Spencer’s Sixth Amendment right to confrontation?

¶4 Did the District Court fail to comply with § 46-16-220, MCA, regarding the admissibility of child hearsay?

¶5 Did the District Court err in excluding Dr. Scolatti’s videotaped testimony?

BACKGROUND

¶6 Bill and Lisa Weaver became foster parents of Spencer’s infant daughter,…

2Cases cited7 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Davis v. WashingtonSupreme Court of the United States · 2006
  3. Idaho v. WrightSupreme Court of the United States · 1990
  4. State v. MizenkoMontana Supreme Court · 2006
  5. State v. MatzMontana Supreme Court · 2006

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

3Cited by26 opinions

  1. State v. ArnoldOhio Supreme Court · 2010
  2. People v. PhillipsColorado Court of Appeals · 2012
  3. State v. PassmoreMontana Supreme Court · 2010
  4. State v. Raul SanchezMontana Supreme Court · 2008
  5. Seely v. StateSupreme Court of Arkansas · 2008

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

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