State v. McDonald
2013 MT 97
| Mont. | 2013Background
- McDonald, an inmate at the Missoula County Detention Center, engaged in a heated dispute with Detention Officer Paige Pavalone over removing obstructive paper from her cell window.
- Officers Lechleitner and Gauci intervened; McDonald refused to report to the maximum security unit, leading to a physical altercation in which McDonald bit Pavalone.
- McDonald was charged with felony assault on a peace officer under § 45-5-210, MCA; the first trial resulted in a mistrial.
- At retrial (Sept. 26-27, 2011), Pavalone testified to being bitten; Lechleitner and Gauci testified that Pavalone yelled she was being bitten; Hawkins observed a red mark with possible saliva on Pavalone’s arm; Garding testified she did not see a bite.
- The prosecutor’s closing arguments included assertions about witness credibility and the likelihood of believability of Pavalone and other officers, which McDonald did not object to at trial.
- The jury found McDonald guilty; McDonald timely appealed on the issue of whether the prosecutor’s closing arguments constituted plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the prosecutor’s closing arguments constitute plain error? | McDonald argues prosecutorial misconduct violated substantial rights. | State contends no plain error; comments were permissible in context. | No plain error; conviction affirmed. |
Key Cases Cited
- State v. Hayden, 345 Mont. 252 (2008 MT) (plain error review for prosecutorial misconduct; improper emphasis on witness credibility)
- State v. Makarchuk, 349 Mont. 507 (2009 MT) (prosecutor’s closing arguments must be viewed in context; avoid prejudicial impact)
- State v. Green, 350 Mont. 141 (2009 MT) (closing argument jurisdiction to comment on witness credibility and evidence)
- State v. St. Germain, 336 Mont. 17 (2007 MT) (prosecutor not to invade jury’s province on credibility)
- State v. Staat, 251 Mont. 1 (1991 MT) (limits on prosecutorial argument; inference from evidence)
- State v. Arlington, 265 Mont. 127 (1994 MT) (prosecutor comments on credibility; overwhelming evidence affects outcome)