State v. Colburn

by
The Supreme Court affirmed Defendant’s convictions for sexual assault and sexual intercourse without consent against a minor, holding that there was no error during the trial proceedings requiring reversal.On appeal, Defendant argued that the district court abused its discretion by admitting evidence of his Internet searches regarding incest and child pornography and that he received ineffective assistance of counsel. The Supreme Court disagreed, holding (1) the evidence at issue was relevant and admissible under Mont. R. Evid. 404, and the district court did not abuse its discretion in determining that the evidence was not unfairly prejudicial or unfairly inflammatory; and (2) Defendant failed to demonstrate that his appellate counsel’s performance was deficient. View "State v. Colburn" on Justia Law