State v. Wilson, 2013 MT 70

Wilson was charged with deliberate homicide and related offenses after a fatal shooting at a Montana saloon.
During jury selection, a potential juror who had been an EMT involved in responding to the shooting was discussed for potential removal.
Wilson attended jury selection and was present during a sidebar conference where the court and counsel discussed the potential removal of McCarthy.
McCarthy was ultimately removed from the potential jury pool by stipulation, with no voir dire of McCarthy documented.
Wilson did not attend the sidebar conference but his rights to be present at critical stages were reviewed for prejudice.
Court held the absence was not a structural error and that no prejudice required reversal; the verdict was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Wilson’s absence from the sidebar during jury selection require reversal?	Wilson	Wilson	No reversal; no prejudice shown; not structural error.

State v. Bird, 308 Mont. 75 (2002 MT 2) (absence at voir dire of biased juror deemed structural error)
State v. Kennedy, 320 Mont. 161 (2004 MT 53) (recorded discussions with juror; prejudice not shown when jury later wheeled from panel)
State v. Price, 350 Mont. 272 (2009 MT 129) (absence at conference where juror removal decided; no prejudice)
State v. Matt, 347 Mont. 530 (2008 MT 444) (right to be present at critical stages; structural error analysis; prejudice standard)
State v. Tapson, 307 Mont. 428 (2001 MT 292) (record limitations; prejudice assessment when no transcript of conversation)
State v. Heavygun, 360 Mont. 413 (2011 MT 111) (partial record of an omnibus hearing; prejudice when defense may have been barred)
State v. Taylor, 542 P.2d 100 (1975 MT) (right to an impartial jury; per se prejudice considerations)