Montana Acts of the Regular Session (2011)
HB 250, Chapter 130
AN ACT REPEALING THE STATUTE CODIFYING THE CRIMINAL JUSTICE PROCEDURE REQUIRING A PROSECUTOR TO NOTIFY A DEFENDANT OF AN INTENT TO INTRODUCE EVIDENCE OF PREVIOUS CRIMES; AMENDING SECTION 46-13-110, MCA; REPEALING SECTION 46-13-109, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in State v. Just, 184 Mont. 262, 602 P.2d 957 (1979), the Montana Supreme Court ordered that notice be given to a criminal defendant by the prosecution that the prosecution intended to introduce evidence of the commission of previous crimes by the defendant and further specified what was to be contained in that notice to the defendant; and
WHEREAS, on December 14, 2010, the Montana Supreme Court issued its opinion in State v. District Court of the 18th Judicial District, 2010 MT 263, 358 Mont. 325 (2010), holding that State v. Just was wrongly decided and overruling its previous opinion in that case; and
WHEREAS, in its opinion in State v. District Court of the 18th Judicial District, the Supreme Court recommended that the Legislature repeal section...
