State v. Hicks, 296 P.3d 1149

Hicks was convicted in Cascade County of deliberate homicide and solicitation to tamper with physical evidence for the death of 3-year-old K.B. after Hicks shoved her into a wall.
K.B. suffered a severe brain injury on February 26, 2010, and died March 1, 2010; doctors found a subdural hematoma and edema.
Hicks initially claimed the puppy knocked K.B. down stairs; later he admitted he shoved K.B. in anger.
During interrogation, Hicks demonstrated a forceful push using a mannequin; detectives compared it to the force used on K.B.
Prior to trial, Hicks moved to exclude the reenactment portion of the videotaped interrogation as unnecessarily prejudicial, which the district court denied.
Hicks contended assault on a minor is not a forcible felony under the deliberate homicide statute; the district court denied this motion as well.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether assault on a minor qualifies as a forcible felony for felony-murder.	Hicks argues assault on a minor is a misdemeanor, not a forcible felony.	Hicks contends the statute’s history shows assault on a minor was not intended as a predicate felony.	Assault on a minor is a forcible felony; felony-murder predicate valid.
Whether the district court properly admitted the videotaped interrogation reenactment.	Video is probative and properly admitted despite flaws.	Reenactment is highly prejudicial and inaccurate, should have been excluded.	District court did not abuse discretion; video’s probative value outweighed prejudice.

State v. Cooksey, 366 Mont. 346, 286 P.3d 1174 (Mont. 2012) (statutory interpretation standard; de novo review)
State v. Daniels, 362 Mont. 426, 265 P.3d 623 (Mont. 2011) (statutory interpretation standard)
In re K.M.G., 356 Mont. 91, 229 P.3d 1227 (Mont. 2010) (when plain language is ambiguous, use legislative history)
State v. Billedeaux, 304 Mont. 89, 18 P.3d 990 (Mont. 2001) (forcible felony predicate)
State v. Kills on Top, 241 Mont. 378, 787 P.2d 336 (Mont. 1990) (forcible felony concepts in felony-murder)
State v. Merry, 345 Mont. 390, 191 P.3d 428 (Mont. 2008) (use of legislative history when language ambiguous)
State v. Roberts, 356 Mont. 290, 233 P.3d 324 (Mont. 2010) (statutory interpretation; plain-language approach)
State v. Pittman, 326 Mont. 324, 109 P.3d 237 (Mont. 2005) (evidentiary rulings; prejudice vs. probative value)
State v. Bieber, 339 Mont. 309, 170 P.3d 444 (Mont. 2007) (M. R. Evid. 403 balancing test)
State v. Huether, 284 Mont. 259, 943 P.2d 1291 (Mont. 1997) (evidence admissibility; prejudicial impact)