State v. Reim, 323 P.3d 880

Reim cared for his five-month-old son A.R. during Jan–Feb 2011 amid family tension; doctors diagnosed CVT vs non-accidental trauma and suspected abuse; hospital treated A.R. for injuries including subdural hematomas and retinal hemorrhages; genetic clotting disorders (protein S deficiency and Factor V Leiden) were later identified; trial proceeded as a bench trial after defense moved to vacate jury trial and after waiver issues were litigated; deposition of Dr. Bakdash was conducted with Reim absent but cross-examined by counsel and the deposition video played at trial; verdict found Reim guilty of aggravated assault and he was sentenced to ten years with five suspended.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Reim validly waived his right to a jury trial	Reim did not sign a written jury waiver	There was a written basis for waiver by counsel and implicit consent	Waiver valid; conviction upheld
Whether Reim’s absence from Dr. Bakdash’s deposition violated the right to presence	Absent presence violated right to be present at critical stages	Presence not required; deposition testimony used with counsel present	Plain error review not warranted; issue not reached on appeal
Whether the district court’s failure to identify the mental-state definitions requires reversal	Court applied conduct-based definitions without specifying	Definitions were implicitly satisfied by findings	Conviction upheld; sufficient evidence supports purposeful/knowingly causing serious bodily injury

State v. Stock, 361 Mont. 1 (2011 MT 131) (plenary review of preserved constitutional errors; factual sufficiency standard)
State v. Bower, 254 Mont. 1 (1992) (standard for review of factual elements in criminal offense)
State v. Dahlin, 1998 MT 113 (MT) (written consent required from both parties to waive jury trial; overruled prior totality-of-the-circumstances test)
State v. Walker, 2008 MT 244 (MT) (waiver of fundamental rights; presumption against waiver)
State v. Meckler, 2008 MT 277 (MT) (sufficiency of mental-state proof for aggravated assault)
State v. Matt, 2008 MT 444 (MT) (right to presence analysis steps: critical stage, waiver, harmless error)
State v. Charlie, 2010 MT 195 (MT) (presence rights and plain error considerations)
State v. Bird, 2002 MT 2 (MT) (preservation requirement for right-to-presence claims)
State v. Kennedy, 2004 MT 53 (MT) (preservation vs. plain error framework for presence claims)
State v. Wilson, 2013 MT 70 (MT) (presence rights and preservation principles)
State v. Tapson, 2001 MT 292 (MT) (early plain-error approach to unpreserved presence claims)
State v. Norman, 2010 MT 253 (MT) (plain-error review framework and fundamental-rights)