386 P.3d 559
Mont.2016Background
- In Jan. 2014 Griffin was charged with six felonies (incest, sexual intercourse without consent, sexual assault) for repeated sexual abuse of two step-daughters; State presented testimony of abuse, beatings, forced nudity, and killing pets.
- Griffin did not testify and presented no evidence at trial.
- During Griffin’s closing argument a spectator interrupted: “Well I’d like to say that God is faithful and just to those who confess their sins.”
- The District Court immediately warned the spectator in front of the jury and later admonished her out of the jury’s presence; defense counsel did not object or seek relief at trial.
- The jury convicted Griffin on all counts; on appeal Griffin argued the spectator’s remark denied him a fair trial and sought plain-error review because no contemporaneous objection was made.
- The Supreme Court of Montana declined to find plain error and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plain-error review is appropriate for a spectator’s outburst during defense closing argument | State: no plain-error relief; trial court responded appropriately (warning) and jury instructions cured any prejudice | Griffin: comment implicated him as a sinner, undermined presumption of innocence; court should have polled jury, instructed to disregard, or declared mistrial | No plain error. Comment was brief, nonaccusatory, promptly rebuked, and jury instructions protected fairness |
Key Cases Cited
- State v. Taylor, 231 P.3d 79 (Mont. 2010) (issues first raised on appeal generally waived absent plain error)
- State v. Jackson, 221 P.3d 1213 (Mont. 2009) (recognizes discretionary plain-error review)
- State v. Walton, 318 P.3d 1024 (Mont. 2014) (plain error reserved for manifest miscarriage of justice or compromised fairness)
- State v. Daniels, 77 P.3d 224 (Mont. 2003) (errors should be objected to at trial so court can address them)
- State v. Aker, 310 P.3d 506 (Mont. 2013) (defendant’s right to fair trial and presumption of innocence)
- State v. Egan, 582 P.2d 1195 (Mont. 1978) (trial court duty to ensure fair trial)
- State v. Lacy, 272 P.3d 1288 (Mont. 2012) (improper religious remark in closing did not warrant plain-error reversal)