Legal Opinion

State v. Eskew

Montana Supreme Court

Decided February 28, 2017No. DA 14-0445PublishedCited by 6 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Jasmine Nicole Eskew appeals from her conviction of felony Assault on a Minor in violation of § 45-5-212, MCA. We reverse the conviction.

¶2 We restate the issue on appeal as follows:

Did the District Court properly admit evidence of Eskew’s admissions or confession made during police interrogation ?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On September 18,2012, Eskew called 911 in Great Falls to report that her six-month-old daughter Brooklynn was unresponsive and not breathing. Paramedics arrived and found Brooklynn as her mother described, and took her to the hospital. As the paramedics…

2Cases cited12 opinions

  1. Dickerson v. United StatesSupreme Court of the United States · 2000
  2. Culombe v. ConnecticutSupreme Court of the United States · 1961
  3. State v. AlliesMontana Supreme Court · 1979
  4. State v. DavisonMontana Supreme Court · 1980
  5. State v. MorriseyMontana Supreme Court · 2009

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3Cited by6 opinions

  1. People v. CaroCalifornia Supreme Court · 2019
  2. City of Missoula v. KroschelMontana Supreme Court · 2018
  3. Hyslop v. StateMontana Supreme Court · 2026
  4. Schuster v. Yellowstone CountyMontana Supreme Court · 2014
  5. State v. EskewMontana Supreme Court · 2017

1 more not listed; retrieve them via the Exa API.

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