State v. Clemans, 2018 MT 187, 392 Mont. 214

Summary

The Montana Supreme Court affirmed Michael Lee Clemans's conviction for sexual intercourse without consent. The court held that the trial court properly admitted testimony about Clemans's prior assault of the victim's brother after the defense opened the door, and that sending the victim's forensic interview video to the jury room did not warrant plain-error or ineffective-assistance relief.

Holdings

1. The District Court did not abuse its discretion by admitting limited testimony that Clemans had punched A.P.'s brother and caused a black eye. Clemans opened the door by questioning A.P.'s fear of Clemans and why A.P. and her mother returned home after the disclosure, permitting rebuttal evidence explaining their conduct and correcting the resulting misimpression.
2. The court declined to conduct plain-error review because Clemans did not demonstrate that the jury room had equipment to play the video, that the jury requested such equipment, or that the jury actually watched the video, and the record did not show a manifest miscarriage of justice or comparable fundamental unfairness.
3. Clemans failed to establish ineffective assistance of counsel because he did not show a reasonable probability that the result of the proceeding would have been different absent counsel's failure to object.

Questions Presented

1. Whether the District Court abused its discretion by admitting testimony about Clemans's prior assault against A.P.'s brother.
2. Whether allowing the jury unrestricted access to A.P.'s forensic interview video during deliberations constituted plain error.
3. Whether trial counsel was ineffective for failing to object to the forensic interview video being sent to the jury room.

Disposition

affirmed