Legal Opinion

State v. Awbery

Montana Supreme Court

Decided March 1, 2016No. DA 14-0255PublishedCited by 10 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Christopher Michael Awbery appeals from his October 2013 conviction on six felony charges in the Montana Tenth Judicial District Court. We affirm.

¶2 We restate the issues on appeal as follows:

Issue One: Did the District Court properly exclude evidence that some of the victims suffered prior sexual abuse by others?

Issue Two: Is Awbery entitled to a new trial based upon prosecutorial misconduct?

Issue Three: Is Awbery entitled to a new trial based upon the cumulative effect of the alleged errors?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The State charged Awbery with two counts of incest against his…

2Cases cited10 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. AkerMontana Supreme Court · 2013

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3Cited by10 opinions

  1. State v. WalkerMontana Supreme Court · 2018
  2. State v. A. TwardoskiMontana Supreme Court · 2021
  3. State v. G. HansenMontana Supreme Court · 2022
  4. State v. W. McCaulouMontana Supreme Court · 2022
  5. State of Arkansas v. Roy Nichols, Jr.Supreme Court of Arkansas · 2026

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