State v. Homer, 321 P.3d 77

Homer was convicted in January 2012 of exploiting an older person under § 52-3-825, MCA, involving a reverse mortgage on her mother’s home.
Proceeds of about $141,000 from the reverse mortgage were used by Homer to pay her own debts.
Trial was a bench trial; verdict followed the presentation of testimony on January 13, 2012; sentence imposed August 2012.
Before trial, the District Court held a competency hearing for the victim; the court found she was competent to testify at that time.
By trial time, the victim’s health had deteriorated and she could not testify; Homer moved to take judicial notice of the competency-hearing transcript as substantive evidence.
The District Court denied the motion, ruling the competency transcript did not address the issues at trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the competency transcript may be admitted as evidence	Homer sought admissibility under 804(b)(1) as former testimony when unavailable.	State asserted 804(b)(1) does not apply because motives differed and the competency hearing did not address the trial issues.	No error; the court properly denied admission under 804(b)(1).

Loh, 914 P.2d 592 (Mont. 1996) (prior-record evidence admissible in same case after notice and opportunity to be heard)
Lotter, 313 P.3d 148 (Mont. 2013) (abuse-of-discretion review for evidentiary rulings; de novo for statutes and rules of evidence)
Jay, 298 P.3d 396 (Mont. 2013) (defense-right to present complete defense; evidentiary rulings must permit relevant evidence)
Farmers Plaint Aid v. Fedder, 999 P.2d 315 (Mont. 2000) (courts may take judicial notice of court records in Montana)
Holmes v. South Carolina, 547 U.S. 319 (US 2006) (meaningful opportunity to present a complete defense; exclusion must be rationally related to evidence rules)
United States v. Salerno, 937 F.2d 797 (2d Cir. 1991) (test for admissibility of prior testimony under 804(b)(1))