State v. L. Akers, 408 P.3d 142

Akers traveled from Tennessee to Montana with four friends for a concert and stayed in Park County; he was later arrested for misdemeanor assault.
Gilley and Akers had several arguments; on Sept. 1, 2015 an altercation occurred with Gilley claiming Akers hit her after she threw a cup at him.
Akers presents an alternative version: Gilley threw the cup at his head and scratched him; he restrained her to prevent further scratching or hitting.
Before trial, the State moved to allow Skype testimony; the Justice Court granted the motion.
At trial, Gilley and a rebuttal witness testified via Skype from Tennessee; Akers’ witnesses testified in person; Akers was convicted of assault.
The District Court denied Akers’s motion to dismiss, affirmed the Justice Court, and remanded to enforce the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Burden of proof for justifiable use of force instructed to jury	Akers contends State must prove absence of justification beyond reasonable doubt.	State argues the issue was not properly preserved for review.	Plain error required reversal; State failed to instruct burden beyond a reasonable doubt.
Confrontation rights and Skype testimony	Akers argues Skype witnesses violated confrontation rights.	State contends no final ruling due to remand on other issues; not properly addressed here.	Not addressed on the merits; remanded for proceedings consistent with this opinion.

State v. Erickson, 338 P.3d 598 (Mont. 2014) (shifts burden to State to prove absence of justification in self-defense)
In re Winship, 397 U.S. 358 (U.S. 1970) (beyond a reasonable doubt standard)
Addington v. Texas, 441 U.S. 418 (U.S. 1979) (protects rigorous standard of proof under due process)
In re J.S., 401 P.3d 197 (Mont. 2017) ( Byrne standard for due process and fair trial considerations)
State v. Favel, 381 Mont. 472 (Mont. 2015) (plain error review framework)
State v. Lindberg, 196 P.3d 1252 (Mont. 2008) (plain error review considerations)