State v. Bekemans, 2013 MT 11

Bekemans stopped a malfunctioning bus in the middle of a dark, moonless I-15 on a high-speed night without warning devices or insurance.
She failed to deploy warning signals and turned off the bus lights, concealing the vehicle from oncoming traffic.
A lethal collision occurred with Brandon Davis as a result of the bus being left in the roadway with little warning.
Davis’s death and drivers’ observations formed the basis for multiple traffic-related convictions, including felony criminal endangerment.
Bekemans was convicted after a two-day trial; she was sentenced to 10 years with 5 suspended, and the court imposed rehabilitation conditions.
The district court later remanded to strike a parole-restriction provision improperly tied to DOC custody rather than a state-prison sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for criminal endangerment	Bekemans contends insufficiency of evidence.	Bekemans argues lack of clear proof of a substantial risk.	Sufficient evidence supported the endangerment conviction.
Right to be present at all critical stages	Bekemans asserts denial of presence at show-cause hearing.	Bekemans says absence was involuntary.	Waiver due to voluntary non-appearance; no denial of right.
Ineffective assistance of counsel	Bekemans claims counsel abandoned loyalty and prejudiced trial.	State contends no prejudice from counsel’s conduct.	No actual prejudice; not ineffectiveness.
Sentence based on lack of guilt acknowledgement	Disputed whether lack of remorse/reply to guilt affected sentence.	Defense says sentence tied improperly to silence.	No improper enhancement; remorse factors properly supported by evidence.
Parole restriction authority	State contends parole restriction permissible.	Court exceeded authority by linking to DOC supervision.	Parole restriction struck; DOC custody remand; recommendations remain.

State v. Swann, 2007 MT 126 (Mont. 2007) (insufficient evidence and standard of review statements cited by court)
State v. Kougl, 2004 MT 243 (Mont. 2004) (mixed questions of fact and law; de novo review for ineffective assistance)
State v. Charlie, 2010 MT 195 (Mont. 2010) (right to be present at all critical stages; standard of review for constitutional rights)
State v. Weigand, 2005 MT 201 (Mont. 2005) (credibility and sufficiency in reviewing verdicts)
State v. Jones, 278 Mont. 121, 923 P.2d 560 (Mont. 1996) (conflict of interest; prejudice presumption framework (Jones))
State v. Shreves, 2002 MT 333 (Mont. 2002) (premises on lack of remorse; sentencing considerations)
State v. Cesnik, 2005 MT 257 (Mont. 2005) (remorse and responsibility; cannot punish for silence when innocence maintained)
State v. Imlay, 249 Mont. 82, 813 P.2d 979 (Mont. 1991) (right against self-incrimination in sentencing context)
State v. Rennaker, 2007 MT 10 (Mont. 2007) (remorse as sentencing factor; need for connection to conduct)
State v. Duncan, 2008 MT 148 (Mont. 2008) (lack of remorse as admissible factor with proper linkage)