State v. Marble

Summary

The Supreme Court of Montana affirmed Cody William Marble’s conviction and sentence for sexual intercourse without consent. The court held that the trial court did not abuse its discretion in denying a challenge for cause to a juror who expressed moral and religious repugnance toward the alleged conduct but stated he could remain impartial. The court also held that the jury instructions, viewed as a whole, fairly instructed the jury on witness credibility.

Holdings

1. The District Court did not abuse its discretion because, under the totality of the circumstances, Stoner did not exhibit actual bias that would prevent him from acting impartially and without prejudice.
2. The District Court did not abuse its discretion in giving the State's witness-credibility instruction because the instructions, viewed as a whole, fully and fairly instructed the jury on assessing witness credibility.

Questions Presented

1. Whether the District Court abused its discretion by denying Marble's motion to excuse prospective juror John Stoner for cause.
2. Whether the District Court abused its discretion by giving the State's witness-credibility instruction rather than Marble's proposed alternative instruction.

Disposition

affirmed