City of Missoula v. Duane
Annotate this CaseDefendant was charged in municipal court with misdemeanor cruelty to animals. After a jury trial, Defendant was found guilty. The district court affirmed. Defendant appealed, arguing, inter alia, that the district court erred when it affirmed the municipal court decision allowing a witness to testify via Skype. The Supreme Court affirmed, holding (1) Defendant’s constitutional right to confrontation was not violated under the circumstances of this case by the district court’s decision to allow the Skype testimony; and (2) the district court erred in concluding that Mont. R. Evid. 611(e) was “generally applicable to civil actions and not criminal cases,” but the error was harmless.
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