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Legal Opinion · Dissent

State v. Mizenko

Montana Supreme Court

Decided January 11, 2006No. 04-488Published

1DissentJustice Nelson

¶44 Mary Smith: Mr. Jones, I’m calling because I was just served with a subpoena. Am I supposed to testify against my husband in the spouse abuse trial?

Prosecutor Jones: Yes, that’s right Mary. The trial starts Monday morning at 8:00 A.M. at the courthouse. I’ll be asking you to tell the jury how Harry beat you last October when he came home drunk from the football game.

Mary Smith: Look. I’ve been thinking it over, and I’ve decided I don’t want to press charges. I just overreacted because Harry went *321to the game with his buddies and left me with the kids. Harry’s been pretty good since he…

2Cases cited45 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Pointer v. TexasSupreme Court of the United States · 1965
  4. California v. GreenSupreme Court of the United States · 1970
  5. Dutton v. EvansSupreme Court of the United States · 1970

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