STATE v. FRANCIS

No. 99-698.

36 P.3d 390 (2001)

2001 MT 233

STATE of Montana, Plaintiff and Respondent, v. Steven FRANCIS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 2001.


Attorney(s) appearing for the Case

For Appellant: Chad Wright, Assistant Appellate Defender, Helena, MT.

For Respondent: Hon. Joseph P. Mazurek, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, MT, Robert M. McCarthy, Silver Bow County Attorney, Butte, MT.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Stephen Robert Francis appeals from the Judgment entered by the Second Judicial District Court, Silver Bow County, convicting him of deliberate homicide. The following issue is dispositive of this appeal: Did the District Court commit reversible error when it admitted Derrick Steilman's out of court statements? We reverse and remand for a new trial.

BACKGROUND

¶ 2 On October 2...

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