State v. Hope, 2001 MT 207

Summary

The Supreme Court of Montana affirmed Merritt L. Hope’s convictions for partner or family member assault and unauthorized use of a motor vehicle. The court held that a victim’s contemporaneous handwritten note describing the defendant’s angry mood and her apprehension was admissible as a recorded present sense impression under the Montana Rules of Evidence. The court also held that admitting the note did not impermissibly emphasize or bolster the victim’s testimony.

Holdings

1. The note was a recorded present sense impression and was properly admitted under Rules 801(a) and 803(1), M.R.Evid.
2. Admission of the note did not unduly emphasize Doyle's testimony or impermissibly bolster her credibility.

Questions Presented

1. Whether the district court erred by admitting the victim's handwritten note under the recorded present sense impression exception to the hearsay rule.
2. Whether admission of the note impermissibly placed undue emphasis on or bolstered the victim's testimony concerning Hope's anger and credibility.

Disposition

affirmed