State v. Sheehan12/6/2005
toms or manifestations of a mental condition, not alcohol.
Following argument, the District Court sustained the State's objection; however, the court did not state the grounds for its decision. After proceedings resumed in open court, defense counsel stated that he had no further questions of Nurse O'Connor.
At the close of the State's case, Sheehan moved, pursuant to § 46-16-403, MCA, to dismiss the action "for the reasons that the State has failed to establish a prima facie case against Mr. Sheehan, and that they have failed to provide evidence that was driving or in actual physical control of a vehicle while under the influence of alcohol." The court denied the motion, explaining that " he jury is allowed to make inferences."
The jury rendered a guilty verdict. This appeal followed.
STANDARD OF REVIEW
Discretionary trial court rulings are ones which "encompass the power of choice among several courses of action, each of which is considered permissible," such as trial administration issues, evidentiary rulings, scope of cross-examination, and post-trial motions. Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 475, 803 P.2d 601, 603-04 (internal quotation marks omitted). Our standard of review of such rulings in a criminal case is "abuse of discretion." State v. Beavers, 1999 MT 260, 20, 296 Mont. 340, 20, 987 P.2d 371, 20. See also Porter v. Porter (1970), 155 Mont. 451, 457, 473 P.2d 538, 541. The burden to demonstrate an abuse of discretion is on the party seeking reversal based on an unfavorable trial court ruling. See Henrichs v. Todd (1990), 245 Mont. 286, 291, 800 P.2d 710, 713.
DISCUSSION
Did the District Court err, and thereby violate due process, by denying defendant an opportunity to present an alternative scenario at trial to explain his apparent state of intoxication?
Sheehan's claim on appeal is that he was denied a meaningful opportunity to present a complete defense at trial, in violation of his due process rights under Article II, Section 17 of the Montana Constitution and the Sixth and Fourteenth Amendments to the United States Constitution. His specific challenge, however, is directed solely to the District Court's ruling sustaining the State's objection to Nurse O'Connor's testimony.
It is necessary at the outset to clarify the scope of the challenged ruling. Sheehan asserts that the District Court broadly "denied him the opportunity to present at trial an alternative scenario to explain his apparent state of intoxication" and violated his due process rights. The State counters that Sheehan did not advise the District Court, through an offer of proof, of the results of his psychiatric examination, his specific mental illness, or of "any witness, let alone an expert witness, that would testify regarding the nature of his mental illness and that a mental illness was the cause of Sheehan's behavior along the highway and later at the hospital."
Sheehan responds that the prosecution itself advised the District Court, during the argument in chambers which followed the State's objection to defense counsel's question to Nurse O'Connor, that prior to the commencement of the criminal proceedings, involuntary mental commitment proceedings had been initiated against Sheehan, and that this was the kind of evidence the defense was seeking to introduce. Thus, Sheehan contends the District Court was aware of the theory it sought to develop.
However, though the District Court may have been aware of the general subject matter which the defense sought to explore, i.e., Sheehan's mental condition, it does not follow therefrom tha
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