State v. Belanus

¶1 Duane R. Belanus was convicted in the First Judicial District Court, Lewis and Clark County, of sexual intercourse without consent involving the infliction of bodily injury, aggravated kidnapping, burglary, tampering with or fabricating physical evidence, and misdemeanor theft. He appeals, raising two issues which we restate as follows:

1. Was Belanus’ right to defend against the charges infringed by application of § 45-2-203, MCA, which disallows consideration of voluntary intoxication in relation to a defendant’s state of mind?

2. Did the District Court abuse its discretion in allowing an…