State v. David Walton

¶1 David Jay Walton (Walton) appeals from the Judgment entered by the Twenty-First Judicial District Court on his conviction and sentence for the offense of sexual assault, a felony, in violation of § 45-5-502, MCA. We affirm and address the following issues:

¶2 1. Did the prosecutor commit plain error by commenting on witness credibility during closing argument?

¶3 2. Did the District Court err by denying Walton’s motion for a new trial after the court sua sponte questioned a key defense witness?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 J.L. is the biological mother of K.T., J.B., and A.B. J.L. and…