State v. Hyslop

Summary

The Montana Supreme Court affirmed David Wayne Hyslop’s conviction for deliberate homicide under the felony-murder statute. The court declined to consider his substantive due process challenge because it was not raised in the District Court and did not warrant plain-error review. The court noted that its recent decision in State v. Hicks established that assault on a minor may serve as the predicate felony for felony murder.

Holdings

1. The Court declined to address Hyslop's substantive due process argument because it presented a new legal theory that was not raised in the District Court.
2. The Court declined to invoke plain-error review of Hyslop's unpreserved substantive due process argument.
3. Assault on a minor may support a felony-murder charge because it qualifies as a forcible felony under Montana law.

Questions Presented

1. Whether the District Court erred by allowing assault on a minor, a bodily-injury offense, to serve as the predicate felony for a felony-murder charge.
2. Whether Hyslop's substantive due process challenge to the facial validity of Montana's felony-murder statute could be considered when that theory was not raised in the District Court.
3. Whether the Court should review the unpreserved substantive due process challenge for plain error.

Disposition

affirmed