State of Montana v. Kevin Wesley Sandberg

Summary

The Montana Supreme Court reviews Kevin Wesley Sandberg’s convictions for sexual intercourse without consent, aggravated kidnapping, and robbery. The appeal addresses whether repeated references to the complaining witness as a “victim” deprived Sandberg of a fair trial and whether the trial court improperly admitted evidence concerning his request that his girlfriend wipe his phone. The opinion applies principles concerning the presumption of innocence, prosecutorial and judicial neutrality, and the admissibility of evidence under Montana Rules of Evidence 402 and 404(b).

Holdings

1. The District Court abused its discretion in overruling objections to the pervasive use of the word 'victim' to describe the complaining witness in a case where the commission of a crime was in dispute.
2. The District Court erred in admitting the evidence of the phone-wiping request, as it was irrelevant to consciousness of guilt for the charged offenses and constituted improper character evidence under Rule 404(b).

Questions Presented

1. Whether the defendant was deprived of a fair trial by repeated and pervasive use of the word 'victim' in reference to the complaining witness.
2. Whether the District Court abused its discretion in admitting Sandberg's statement to his girlfriend requesting she 'wipe' his phone over Sandberg's Rule 402 and Rule 404(b) objections.

Disposition

reversed_and_remanded