State v. Weaver
Montana Supreme Court
1Opinion of the CourtJustice Nelson
¶ 1 James Elmer Weaver (Weaver) was tried by a jury in the District Court for the Eleventh Judicial District, Flathead County, on four counts of sexual assault involving minors. He was convicted on two of the counts and acquitted on the other two counts. Weaver appeals from the judgment of conviction and sentence. We affirm in part, reverse in part, and remand for a new trial.
¶2 The following issues were raised on appeal:
¶3 1. Did the District Court commit plain error by failing to instruct the jury, sua sponte, that it had to reach a unanimous verdict as to at least one specific underlying…
2Cases cited26 opinions
- McKoy v. North CarolinaSupreme Court of the United States · 1990
- United States v. Franklin Delano GipsonCourt of Appeals for the Fifth Circuit · 1977
- State v. FinleyMontana Supreme Court · 1996
- State v. MichaelsSupreme Court of New Jersey · 1994
- United States v. Claret EcheverryCourt of Appeals for the Ninth Circuit · 1983
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3Cited by97 opinions
- State v. CeballosSupreme Court of Connecticut · 2003
- State v. HardawayMontana Supreme Court · 2001
- State v. HarrisMontana Supreme Court · 2001
- State v. HansonMontana Supreme Court · 1999
- State v. JohnsonTennessee Supreme Court · 2001
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