 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Dahlin12/8/1998
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, Honorable John R. Christensen, Judge Presiding.
Submitted on Briefs: October 29, 1998
. Danny Dahlin appeals from his conviction of perjury in the Tenth Judicial District Court, Fergus County. We affirm.
. The issues are:
. "1. Is Dahlin's perjury conviction invalid because the court allowed as evidence testimony from his brother's earlier DUI trial the result of which was later reversed on appeal?"
. "2. Did the verdict form deny Dahlin's right to a unanimous jury verdict?"
. "3. Did the court err in admitting the testimony of Cami Meader that Dahlin's brother had pushed her into the driver's seat during the initial stop of the pickup and the testimony of Roxie Nilsen that she did not drive Dahlin to the pickup?"
. Dahlin was charged with perjury based on the allegation that he testified falsely at his brother's trial for a January 2, 1997 DUI (driving under the influence of alcohol) offense. The information alleged that Dahlin testified at his brother's trial that he, not his brother, was driving the vehicle when his brother was arrested for DUI, and that this testimony was both false and material to the proceedings.
. At his brother's trial, Dahlin testified that he had been with his brothers, his mother, and Cami Meader at the Bar 19 in Lewistown, Montana, on the evening of January 2. Dahlin testified that he went home early and that Meader offered to drive his brother home. He testified that his brother later called him at home, saying he and Meader had been pulled over, Meader had been arrested for DUI and failure to carry insurance, and he needed someone to drive his truck home. Dahlin testified that because his mother was in bed and had been drinking, he called Roxie Nilsen and asked her for a ride into town to pick up his brother and the truck.
. Dahlin further testified at his brother's trial that when he did not find his brother where they had agreed to meet, he walked over to the parking lot where the truck was parked and found his brother sitting inside the pickup. Dahlin testified that he got in and began driving his brother home, but that when they saw a highway patrol officer following them, he became worried about being caught driving a vehicle with no insurance. He testified that he jumped out of the truck and ran away down an alley. Dahlin testified that he had lied in an earlier statement to the police when he said that his mother had given him a ride into town.
. At Dahlin's trial on the perjury charge, the State read into evidence Dahlin's testimony at his brother's DUI trial. The State then called Dahlin's brother, who testified consistently with Dahlin's testimony at the earlier trial.
. Cami Meader testified at Dahlin's perjury trial about events preceding the arrest of Dahlin's brother for DUI. Meader testified that Dahlin's brother had been driving the truck when it was stopped by Lewistown, Montana police officers but that he forced her into the driver's seat after he was pulled over. Meader was arrested for DUI.
. The State also presented the testimony of Kelly Mantooth, the Montana highway patrolman who arrested Dahlin's brother for DUI. Mantooth testified that after Meader was arrested for DUI, the police officers moved the truck into a motel parking lot and instructed Dahlin's brother, who appeared to be intoxicated and did not have a valid driver's license, not to drive it. Dahlin's brother walked away. Mantooth remained parked at the scene.
. Mantooth soon saw a person wearing cowboy boots run from
Page 1 2 3 4 5 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|