Legal Opinion

State v. Homer

Montana Supreme Court

Decided March 4, 2014No. DA 12-0640PublishedCited by 7 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Paulette Homer appeals from her January 13,2012 conviction for the offense of exploiting an older person, a felony, pursuant to § 52-3-825, MCA.

¶2 The sole issue on appeal is whether the District Court erred by refusing to admit at the bench trial of this charge, a transcript of the victim’s testimony at a prior competency hearing. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In May 2011 the State charged Homer with exploiting an older person pursuant to § 52-3-825, MCA. The charge concerned Homer’s aged mother who, at Homer’s behest, obtained a reverse mortgage on her home. Homer used…

2Cases cited7 opinions

  1. Holmes v. South CarolinaSupreme Court of the United States · 2006
  2. State v. LohMontana Supreme Court · 1996
  3. State v. BerosikMontana Supreme Court · 2009
  4. State v. BreedingMontana Supreme Court · 2008
  5. State v. JayMontana Supreme Court · 2013

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. PingreeMontana Supreme Court · 2015
  2. Estate of Kinnaman v. Mountain West Bank, N.A.Montana Supreme Court · 2016
  3. State v. CriderMontana Supreme Court · 2014
  4. State v. CriderMontana Supreme Court · 2014
  5. State v. PingreeMontana Supreme Court · 2015

2 more not listed; retrieve them via the Exa API.

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