STATE v. WAGNER

No. DA 08-0495.

215 P.3d 20 (2009)

2009 MT 256

352 Mont. 1

STATE of Montana, Plaintiff and Appellee, v. Christopher William WAGNER, Defendant and Appellant.

Supreme Court of Montana.

Decided August 4, 2009.


Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana, Marty Lambert, Gallatin County Attorney; Todd Whipple, Deputy County Attorney, Bozeman, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Christopher William Wagner (Wagner) appeals from a jury verdict, judgment and sentence of the Eighteenth Judicial District Court, Gallatin County, convicting him of attempted deliberate homicide with a weapon. We reverse and remand for a new trial.

¶ 2 The sole issue on appeal is whether the prosecutor's repeated comments at trial regarding statements Wagner made after invoking his...

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