State v. Dunsmore
Annotate this CaseDefendant was convicted of failing to register as a sex offender and and theft was sentenced to a net sentence of ten years in the Montana State Prison with five years suspended. Defendant appealed, arguing that the district court judge was disqualified from hearing his case due to personal knowledge of facts in dispute in the sentencing proceeding and therefore should have recused himself. The Supreme Court affirmed, holding that because Defendant’s counsel knew of the factual basis for Defendant’s disqualification claim before sentencing but did not raise disqualification, Defendant’s claim was waived.
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