Legal Opinion

State v. Brian Johnston

Montana Supreme Court

Decided December 16, 2014No. DA 13-0587PublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER

¶1 Appellant Brian Anthony Johnston appeals the judgment of the Twentieth Judicial District Court, Lake County, convicting him of incest, solicitation, and sexual abuse of children. The issue on appeal is whether the District Court abused its discretion when it denied Johnston’s discovery requests for information contained in the DPHHS files of his victims without first conducting an in camera review.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 Johnston was charged with three counts of incest, one count of solicitation, and one count of sexual abuse of children. Johnston’s counsel…

2Cases cited4 opinions

  1. Pennsylvania v. RitchieSupreme Court of the United States · 1987
  2. State v. DuffyMontana Supreme Court · 2000
  3. State v. LittleMontana Supreme Court · 1993
  4. McGarvey v. StateMontana Supreme Court · 2014

3Cited by8 opinions

  1. State v. WeisbarthMontana Supreme Court · 2016
  2. State v. M. StutzmanMontana Supreme Court · 2017
  3. State v. A. TwardoskiMontana Supreme Court · 2021
  4. State v. H. MathisMontana Supreme Court · 2022
  5. State v. HoffMontana Supreme Court · 2016

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