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· 9/6/2001

State v. Van Kirk

Citations

  • 2001 MT 184
  • 32 P.3d 735
  • 306 Mont. 215
  • 2001 Mont. LEXIS 342

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “no evidence could be more inflammatory or more prejudicial than allegations of child molestation”
  • when conducting harmless error review, appellate courts cannot ‘‘simply tally the quantity of the admissible evidence of guilt, [but] instead [must] evaluat[e] the qualitative impact the inadmissi- ble evidence might have had on the finder of fact’’ (emphasis in original)
  • when conducting harmless error review, appellate courts cannot ‘‘simply tally the quantity of the admissible evidence of guilt, [but] instead [must] evaluat[e] the qualitative impact the inadmissi- ble evidence might have had on the finder of fact’’ (emphasis in original)
  • erroneous introduction of HGN without proper foundation was harmless

Source: CourtListener parenthetical corpus (CC0).

Judges: Patricia O. Cotter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.