Legal Opinion
State v. Wagner
Montana Supreme Court
Decided August 4, 2009No. DA 08-0495PublishedCited by 16 opinions
1Opinion of the CourtChief Justice McGRATH
¶1 Christopher William Wagner (Wagner) appeals from a jury verdict, judgment and sentence of the Eighteenth Judicial District Court, Gallatin County, convicting him of attempted deliberate homicide with a weapon. We reverse and remand for a new trial.
¶2 The sole issue on appeal is whether the prosecutor’s repeated comments at trial regarding statements Wagner made after invoking his Miranda rights created an inference of guilt that constituted plain error.
BACKGROUND
¶3 This case arises from a gun fight in which Wagner and Michael Peters (Peters) shot each other. Peters dated Melody Lark (Lark)…
2Cases cited7 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- Wainwright v. GreenfieldSupreme Court of the United States · 1986
- State v. FinleyMontana Supreme Court · 1996
- State v. GallagherMontana Supreme Court · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. TaylorMontana Supreme Court · 2010
- State v. WagnerMontana Supreme Court · 2013
- State v. MorsetteMontana Supreme Court · 2013
- State v. TadewaldtMontana Supreme Court · 2010
- City of Billings v. NelsonMontana Supreme Court · 2014
11 more not listed; retrieve them via the Exa API.