Legal Opinion
State v. Mizenko
Montana Supreme Court
Decided January 11, 2006No. 04-488PublishedCited by 73 opinions
1Opinion of the CourtJustice Leaphart
¶1 The jury convicted Gregory Mizenko (Mizenko) of his third offense of Partner or Family Member Assault in violation of § 45-5-206, MCA. During trial, the District Court admitted a number of hearsay statements from the victim, Mizenko’s wife, Debra. Mizenko appeals. We affirm.
¶2 The issue is: Were Debra’s statements testimonial?1
BACKGROUND
¶3 The Chouteau County Attorney filed an information charging Mizenko with Partner or Family Member Assault in violation of § 45-5-206, MCA. Dawn Grove, the Mizenkos’ neighbor, testified at trial that Debra was out of breath when she appeared at the Groves’…
2Cases cited44 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Ohio v. RobertsSupreme Court of the United States · 1980
- California v. GreenSupreme Court of the United States · 1970
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- Agostini v. FeltonSupreme Court of the United States · 1997
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3Cited by73 opinions
- State v. FranklinTennessee Supreme Court · 2010
- State v. StahlOhio Supreme Court · 2006
- State v. DerbyshireMontana Supreme Court · 2009
- Reichert v. STATE EX REL. McCULLOCHMontana Supreme Court · 2012
- State v. CybulskiMontana Supreme Court · 2009
68 more not listed; retrieve them via the Exa API.