State v. Norquay

¶25 Respectfully, I dissent from the Court’s decision.

¶26 First, I disagree with the Court’s standard of review. Opinion, ¶ 13. In the context of motions for a new trial, this Court has explained that our standard of review depends on the basis of the motion. See Giambra v. Kelsey, 2007 MT 158, ¶¶ 24-27, 338 Mont. 19, 162 P.3d 134 (clarifying that our standard of review of a trial court’s ruling on a motion for a new trial based on insufficiency of the evidence is de novo, not manifest abuse of discretion, given that the trial court’s conclusion as to whether sufficient evidence exists to…