State of Montana v. Eldon Huffine

Summary

The Montana Supreme Court affirmed Eldon Huffine’s convictions for eight violations of an order of protection. The court held that his challenge to exclusion from portions of his criminal trial was raised for the first time on appeal and that the appeal was without merit because he voluntarily absented himself and failed to timely object.

Holdings

1. The appeal was without merit because Huffine and his counsel did not timely object to his absence or to the lack of an on-the-record personal waiver, and Huffine acquiesced in or actively participated in the challenged proceedings.

Questions Presented

1. Whether Huffine was denied his constitutional right to personally appear and defend in a criminal prosecution when he was absent from portions of trial without an on-the-record personal waiver of his right to be present.

Disposition

affirmed