STATE v. McCOLLOM

No. DA 08-0337.

214 P.3d 1230 (2009)

2009 MT 257

352 Mont. 10

STATE of Montana, Plaintiff and Appellee, v. Eric John McCOLLOM, Defendant and Appellant.

Supreme Court of Montana.

Decided August 4, 2009.


Attorney(s) appearing for the Case

For Appellant: David C. Avery (argued), Attorney at Law, Missoula, Montana.

For Appellee: Steve Bullock, Montana Attorney General; John Paulson (argued), Assistant Attorney General, Helena, Montana. Fred R. VanValkenburg, Missoula County Attorney; Kirsten Pabst-LaCroix, Deputy County Attorney, Missoula, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 A jury in the Fourth Judicial District, Missoula County, convicted Eric McCollom (McCollom) of felony criminal mischief for setting fire to a dumpster. McCollom moved for a new trial on the grounds that the District Court erroneously had allowed a police officer to testify to the out-of-court statement of McCollom's friend when the friend was unavailable for trial. The friend's statement implicated...

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