STATE v. STEWART

No. DA 11-0254.

291 P.3d 1187 (2012)

2012 MT 317

STATE of Montana, Plaintiff and Appellee, v. Benny Roe STEWART, Defendant and Appellant.

Supreme Court of Montana.

Decided December 27, 2012.


Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens , Smith & Stephens, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General, Matthew T. Cochenour , Assistant Attorney General, Helena, Montana, Eileen Joyce , Butte-Silver Bow County Attorney, Samm Cox , Kelli Fivey , Deputy County Attorneys, Butte, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 A jury in the Second Judicial District Court, Silver Bow County, convicted Benny Roe Stewart of one count of incest. Stewart now appeals, seeking to have his conviction reversed and vacated and the case remanded for a new trial. Stewart raises the following issues on appeal:

1. Whether Stewart is entitled to a new trial due to law enforcement's warrantless monitoring and recording of his...

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