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STATE v. KENNEDY

No. 02-259.

85 P.3d 1279 (2004)

2004 MT 53

STATE of Montana, Plaintiff and Respondent, v. Victor Vann KENNEDY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 5, 2004.

Attorney(s) appearing for the Case

For Appellant: Kristina Guest (argued), Appellate Defender Office, Helena, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Jim Wheelis (argued), Assistant Attorney General; Dennis Paxinos, Yellowstone County Attorney, Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Following a jury trial, Appellant Victor Vann Kennedy was convicted of sexual intercourse without consent in the Thirteenth Judicial District Court, Yellowstone County. During the trial, it was discovered that one of the jurors had a mid-trial conversation with a Billings police detective who was slated to be called as a State's witness. As a result, Kennedy moved for a mistrial. The District...

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