State v. Curtis Cline
371 Mont. 18
| Mont. | 2013Background
- Cline was charged in Montana with theft by common scheme under §45-6-301(a), MCA, and moved to dismiss on double jeopardy grounds.
- Cline had previously been convicted in federal court for theft of firearms and possession of stolen firearms arising from the same employer, Bob Ward & Sons.
- The State separately charged Cline's non-firearm merchandise theft; the indictment was amended to exclude firearms, and Cline entered a conditional guilty plea preserving the double jeopardy appeal.
- The district court denied the motion to dismiss; the Montana Supreme Court reviews the decision as a question of law for correctness.
- The issue centers on whether the Montana double jeopardy statute §46-11-504(1), MCA, bars Montana's prosecution when conduct in different jurisdictions involves equivalent or arising-from-same-transaction offenses.
- The majority holds that Montana may prosecute for the non-firearm theft because the non-firearm offense did not arise under federal law as an equivalent offense, under §46-11-504(1). A dissent argues the statute should be read to bar the Montana prosecution regardless of equivalence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars the Montana charge | Cline argues the non-firearm theft is barred by double jeopardy due to same-transaction conduct. | Cline contends the equivalent-offense requirement should not apply; any same-transaction conduct should trigger bar. | Not barred; Montana may proceed with the non-firearm theft charge. |
Key Cases Cited
- State v. Fox, 366 Mont. 10 (2012 MT) (three-part test for double jeopardy; equivalent offense in each jurisdiction required)
- State v. Cech, 338 Mont. 330 (2007 MT) (equivalent-offense interpretation of §46-11-504; concurrence discusses statutory language)
- State v. Gazda, 318 Mont. 516 (2003 MT) (distinguishes when double jeopardy applies across jurisdictions depending on offense scope)
- Sword v. State, 229 Mont. 370 (1987 MT) (equivalent offenses and double jeopardy when both jurisdictions criminalize conduct)
- City of Bozeman v. Cantu, 369 Mont. 81 (2013 MT) (statutory interpretation guiding plain-language construction in duties of courts)