State v. Neal Edward Fehringer

Summary

The Montana Supreme Court affirmed Neal Fehringer’s conviction for partner or family member assault. The Court held that the Justice Court jury-selection process substantially complied with statutory requirements and that the charging documents adequately informed Fehringer of the charge and established probable cause. The Court also held that disorderly conduct was not a lesser-included offense of partner or family member assault.

Holdings

1. The Justice Court substantially complied with the statutory jury-selection requirements, and Fehringer failed to prove that the jury-selection process was unlawful or that he was denied a fair and impartial jury.
2. The complaint and notice to appear adequately charged partner or family member assault and established probable cause despite an erroneous statutory subsection citation and the use of the word “pausably” in the probable-cause narrative.
3. Disorderly conduct is not a lesser-included offense of partner or family member assault, so Fehringer was not entitled to jury instructions on disorderly conduct.

Questions Presented

1. Whether the Justice Court properly called and selected the jury.
2. Whether the complaint and notice to appear were defective because they cited an incorrect statutory subsection and allegedly stated only possible rather than probable cause.
3. Whether disorderly conduct or disturbing the peace was a lesser-included offense of partner or family member assault requiring jury instructions.

Disposition

affirmed