Legal Opinion

State v. Caswell

Montana Supreme Court

Decided February 19, 2013No. DA 11-0536Published

1Opinion of the CourtJustice Rice

¶1 A jury convicted Peter Earl Caswell (Caswell) of sexual intercourse without consent and partner/family member assault in the Nineteenth Judicial District Court, Lincoln County. Caswell argues that his due process rights were violated when a portion of the trial was not recorded during the State’s case in chief and effective appellate review is now unavailable. Caswell also argues that the District Court erred by admitting evidence of Caswell’s prior assault on the victim. We affirm.

¶2 We consider the following issues:

¶3 1. Was the defendant’s right to due process violated by the failure to…

2Cases cited11 opinions

  1. Britt v. North CarolinaSupreme Court of the United States · 1971
  2. Draper v. WashingtonSupreme Court of the United States · 1963
  3. State v. DerbyshireMontana Supreme Court · 2009
  4. State v. District Court of the Eighteenth Judicial District of MontanaMontana Supreme Court · 2010
  5. United States v. Thomas Elbert CashwellCourt of Appeals for the Eleventh Circuit · 1992

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API