(DOWNLOAD) "State v. Manthey" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Manthey
- Author : Supreme Court of Montana
- Release Date : January 30, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Ardelle Hope Manthey was found guilty by an Aitkin County jury of first-degree premeditated murder of her husband and sentenced to life in prison. On direct appeal, Manthey asks for a new trial, arguing that she was denied her constitutional rights to due process and a fair trial by the admission of hearsay and other prejudicial evidence. She also asserts that the district court erroneously denied her motions for a mistrial based on jury knowledge of her custody status. Finally, she argues that the district court violated her right to be present at all stages of trial when the court discussed with counsel and answered a question from the jury during deliberations. We affirm Mantheys conviction because we conclude there was no plain error in the admission of unobjected-to testimony, no abuse of discretion in the courts decision to give a curative instruction instead of granting a mistrial, and no clear error in the courts post-trial finding that Manthey was present in the courtroom when the court answered a question from the jury.