State v. T.W.

This is an interlocutory appeal filed by the State of Montana after the District Court granted defendant’s motion in limine precluding the State from using in any way defendant’s Youth Court records and from offering or attempting to offer any evidence of alleged prior offenses which occurred while the defendant was a minor. We reverse and remand for trial consistent with the holding in this opinion.

The defendant, T.W., is charged with incest, pursuant to Section 45-5-507, MCA. This offense was committed April 2, 1984, against his fifteen year old sister who is developmentally disabled and…