Latest Case: City of Missoula v. Zerbst (Civil Rights)

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SHERRY F. COLB

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City of Missoula v. Zerbst

Citation: 2020 MT 108

Opinion Date: May 5, 2020

Judge: Beth Baker

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed Defendant's conviction for sexual assault, holding that the municipal court erred when it instructed the jury on a definition of "consent" from the 2017 sexual assault statute and not the applicable 2015 statute, and the erroneous jury instruction prejudicially affected Defendant's substantial rights. At trial, the court instructed the jury, over Defendant's objection, on the definition of consent contained in recent amendments to the sexual assault statute. On appeal, Defendant argued that the municipal court failed to apply the correct law when instructing the jury on the elements of the claimed offense. The district court denied the appeal. The Supreme Court reversed, holding (1) the instructions, as a whole, did not fully and fairly instruct the jury on the law applicable to the case; and (2) Defendant's substantial due process right was prejudiced by the erroneous jury instruction.