State v. Stewart
2012 MT 317
| Mont. | 2012Background
- Stewart was convicted in the Second Judicial District Court, Silver Bow County, of incest and appeals for reversal and remand for a new trial.
- A.S. testified to 11 years of sexual abuse by Stewart beginning when she was 7, continuing into high school.
- Stewart took nude and sexually explicit photographs of A.S., including a Salt Lake City session on her 18th birthday.
- Detective Lester recorded four pretext phone calls with A.S. from Stewart’s landline without a warrant.
- A.S. reported the abuse to a detective; police obtained warrants for the residence and computers, and a pretext-call strategy was used.
- The court denied motions to exclude the recordings and later applied retroactive law from Allen; trial proceeded with the recordings and photographs admitted over objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless recording of calls violated new rule | Stewart seeks relief under Allen retroactively | State argues good faith reliance on pre-Allen law | Allen violation; recordings inadmissible under Allen; however, harmless error so no new trial |
| Admission of sexually explicit photographs | Photos are irrelevant or unduly prejudicial | Photos are relevant to sexual conduct and state of mind | District Court did not abuse discretion; photos admissible under Rules 401/402, 404(b), and 403 |
Key Cases Cited
- State v. Allen, 2010 MT 214 (Mont. 2010) (retroactivity of new constitutional rule for criminal prosecutions; warrantless recording)
- State v. Reichmand, 2010 MT 228 (Mont. 2010) (retroactivity of new rule; Goetz applied to Reichmand; trial error harmless)
- State v. Goetz, 2008 MT 296 (Mont. 2008) (warrantless electronic surveillance; Montana Constitution privacy protections)
- Salvagni v. The Eighteenth Judicial Dist. Ct., 2010 MT 263 (Mont. 2010) (overruled Modified Just Rule; transaction rule clarified evidentiary approach)
- State v. Sage, 2010 MT 156 (Mont. 2010) (Rule 404(b) analysis; admissibility for purposes other than propensity)
- In re United States v. Jones, 132 S. Ct. 945 (U.S. 2012) (Katz test augmented by common-law trespassory approach; GPS tracking context)
- Griffith v. Kentucky, 479 U.S. 314 (U.S. 1987) (retroactivity of new rules for criminal prosecutions)
- United States v. Johnson, 457 U.S. 537 (U.S. 1982) (no retroactivity for simple application of constitutional guidelines)
- State v. Eighteenth Jud. Dist. Ct., Salvagni, 2010 MT 263 (Mont. 2010) (transactions rule; evidentiary approach)