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STATE v. WILMER

No. DA 10-0159.

252 P.3d 178 (2011)

2011 MT 78

360 Mont. 101

STATE of Montana, Plaintiff and Appellee, v. Steven Joseph WILMER, Defendant and Appellant.

Supreme Court of Montana.

Decided April 19, 2011.

Attorney(s) appearing for the Case

For Appellant: Ethan C. Lerman ; Lerman Law Firm, PLLC; Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Micheal S. Wellenstein , Assistant Attorney General; Helena, Montana, M. Shaun Donovan , Mineral County Attorney; Superior, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Steven Joseph Wilmer (Wilmer) appeals his conviction of Waste of a Game Animal. He raises the following issues:

¶ 2 1. Whether photographs of the deer carcass properly were admitted despite being taken several days after the carcass was seized from Wilmer's property.

¶ 3 2. Whether the District Court properly admitted expert testimony regarding the...

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