Legal Opinion

State v. Hovey

Montana Supreme Court

Decided January 11, 2011No. DA 10-0139PublishedCited by 7 opinions

1Opinion of the CourtJustice Cotter

¶1 Alexander Hovey appeals his conviction in the Montana Fourth Judicial District Court of 42 counts of sexual abuse of children on the grounds that the District Court abused its discretion in issuing jury instructions. We affirm.

ISSUE

¶2 A restatement of the issue on appeal is whether the District Court abused its discretion by issuing challenged jury instructions.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In September 2008, Hovey, a 47-year-old single male, sent a lengthy e-mail to the mother of two female former co-workers, ages 15 and 17 at the time. The e-mail contained numerous inappropriate…

2Cases cited2 opinions

  1. State v. LambertMontana Supreme Court · 1996
  2. State v. ChristiansenMontana Supreme Court · 2010

3Cited by7 opinions

  1. State v. Kenneth EricksonMontana Supreme Court · 2014
  2. State v. HoveyMontana Supreme Court · 2011
  3. State v. AndressMontana Supreme Court · 2013
  4. State v. DaSilvaMontana Supreme Court · 2011
  5. State v. B. HamernickMontana Supreme Court · 2023

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