State v. Kingman
2011 MT 269
Mont.2011Background
- Kingman and Dibert were involved in a violent confrontation behind the Scoop Bar leading to Overby’s severe injuries.
- Kingman left the scene, later recorded a voicemail boasting of beating Overby, which was disclosed to the public.
- Kingman was charged with attempted deliberate homicide; the trial court later acquitted him of that charge and convicted him of aggravated assault.
- A pretrial publicity campaign occurred in Gallatin County, including news coverage and fundraising for Overby, which Kingman argued created prejudice.
- Kingman moved for a change of venue arguing presumed prejudice; the district court denied the motion after reviewing juror questionnaires and exhibits.
- At sentencing, the prosecutor characterized Kingman as inhuman/animal-like, prompting a dignity-based challenge under Article II, Section 4 of the Montana Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the change of venue was required due to presumed prejudice | Kingman | Kingman | The court did not abuse discretion; no presumed prejudice established |
| Whether prosecutorial remarks violated the dignity clause at sentencing | Kingman | Kingman | No reversible error; dignity violation not shown to affect sentence |
Key Cases Cited
- Rideau v. Louisiana, 373 U.S. 723 (1963) (presumed prejudice in a highly pervasive publicity case)
- Sheppard v. Maxwell, 384 U.S. 333 (1966) (massive publicity undermining fair trial)
- Coburn v. Bennett, 202 Mont. 20 (1982) (inherent prejudice; pretrial publicity necessitating venue change)
- Spotted Hawk, 22 Mont. 33 (1899) (presumed prejudice in lynch-mob-like atmospheres)
- Dryman, 127 Mont. 579 (1954) (presumed prejudice; extensive inflammatory press)
- Skilling v. United States, 130 S. Ct. 2896 (2010) (framework for presumed vs actual prejudice; deference to trial court on prejudice assessment)
- U.S. v. Misla-Aldarondo, 478 F.3d 52 (2007) (abuse-of-discretion standard for venue decisions in some circuits)
- Patton v. Yount, 467 U.S. 1025 (1984) (adverse publicity can create presumption of prejudice)
- Higgs, 353 F.3d 281 (4th Cir. 2003) (presumed prejudice considerations in circuit courts)