In Re Olson
Montana Supreme Court
1DissentJustice Nelson
¶40 As noted in the Court’s Opinion, our review of disciplinary proceedings is de novo. Opinion, ¶ 24 (citing In re Engel, 2008 MT 42, ¶ 3, 341 Mont. 360, 177 P.3d 502). Accordingly, based on the record, and with due respect to the Court and the Commission on Practice (COP), I cannot join the Court’s Opinion in this case.
¶41 Olson’s defense derails over his Clintonesque claim that he did not believe that the 13 photographs at issue were child pornography. Similarly, the OOP’s decision runs off the track for the same reason-that “Olson had the good faith belief that the items taken from the…
2Cases cited7 opinions
- Jacobellis v. OhioSupreme Court of the United States · 1964
- John Wesley Clutchette v. Ruth RushenCourt of Appeals for the Ninth Circuit · 1985
- State v. WatersMontana Supreme Court · 1987
- Wemark v. StateSupreme Court of Iowa · 1999
- State v. DezeeuwMontana Supreme Court · 1999
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