Legal Opinion

State v. Colburn

Montana Supreme Court

Decided February 23, 2016No. DA 14-0181PublishedCited by 20 opinions

1Opinion of the CourtChief Justice McGRATH

*224¶1 James Colburn appeals from his October 2013 convictions in Ravalli County District Court of the offenses of incest, sexual intercourse without consent and sexual assault. We reverse the convictions and remand for a new trial.

¶2 We consider the following issues:

¶3 Issue 1: Whether the District Court erred when it disqualified Colburn’s expert witness from testifying at trial.

¶4 Issue 2: Whether the District Court erred in its application of the Rape Shield Law to exclude evidence that Colburn offered at trial.

BACKGROUND

¶5 In 2013 the State charged Colburn with two counts of incest, §…

2Cases cited11 opinions

  1. Michigan v. LucasSupreme Court of the United States · 1991
  2. State v. AndersonMontana Supreme Court · 1984
  3. State v. HigleyMontana Supreme Court · 1980
  4. State v. MacKinnonMontana Supreme Court · 1998
  5. State v. DamonMontana Supreme Court · 2005

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3Cited by20 opinions

  1. State v. B. DaffinMontana Supreme Court · 2017
  2. State v. AguadoMontana Supreme Court · 2017
  3. State v. ColburnMontana Supreme Court · 2018
  4. State v. T. Cheetham Sr.Montana Supreme Court · 2016
  5. State v. AwberyMontana Supreme Court · 2016

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