Legal Opinion
State v. Stewart
Montana Supreme Court
Decided December 27, 2012No. DA 11-0254PublishedCited by 53 opinions
1Opinion of the CourtJustice Nelson
¶1 A jury in the Second Judicial District Court, Silver Bow County, convicted Benny Roe Stewart of one count of incest. Stewart now appeals, seeking to have his conviction reversed and vacated and the case remanded for a new trial. Stewart raises the following issues on appeal:
1. Whether Stewart is entitled to a new trial due to law enforcement’s warrantless monitoring and recording of his telephone conversations with his daughter.
2. Whether the District Court abused its discretion in admitting sexually oriented photographs which Stewart took of his daughter.
We affirm.
BACKGROUND
The Sexual…
2Cases cited29 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Katz v. United StatesSupreme Court of the United States · 1967
- Griffith v. KentuckySupreme Court of the United States · 1987
- Huddleston v. United StatesSupreme Court of the United States · 1988
- Kyllo v. United StatesSupreme Court of the United States · 2001
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3Cited by53 opinions
- State v. MadplumeMontana Supreme Court · 2017
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- State v. FranksMontana Supreme Court · 2014
- State v. Cheryl and Edwin CriswellMontana Supreme Court · 2013
- State v. B. DaffinMontana Supreme Court · 2017
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