State v. Smith
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The Supreme Court affirmed Defendant's conviction of the sexual abuse of a nine-year-old girl and upheld the constitutionality of his sentence requiring lifetime GPS monitoring, holding that there was no reversible error.
Specifically, the Supreme Court held (1) the district court erred to the extent it admitted the victim's taped forensic interview as a prior consistent statement, but there was not a reasonable possibility that the forensic interview contributed to Defendant's conviction; (2) Defendant did not sustain his burden to demonstrate that the prosecutor's closing arguments justified reversal of his conviction for plain error; and (3) the requirement for GPS monitoring imposed by Mont. Code Ann. 45-5-625(4)(b) is not facially unconstitutional under either the Montana or the United States Constitutions.
Court Description: Go to the Synopsis of the Opinion
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