City of Red Lodge v. Nelson

1999 MT 246, 989 P.2d 300, 296 Mont. 190, 56 State Rptr. 955, 1999 Mont. LEXIS 249
CourtMontana Supreme Court
DecidedOctober 14, 1999
Docket98-639
StatusPublished
Cited by10 cases

This text of 1999 MT 246 (City of Red Lodge v. Nelson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Red Lodge v. Nelson, 1999 MT 246, 989 P.2d 300, 296 Mont. 190, 56 State Rptr. 955, 1999 Mont. LEXIS 249 (Mo. 1999).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶1 Defendant William P. Nelson (Nelson) appeals from the judgment and order of the Thirteenth Judicial District Court, Carbon County.

¶2 We affirm.

¶3 We restate the issue as follows:

¶4 Whether the District Court abused its discretion in granting the City of Red Lodge’s motion in limine.

Standard of Review

¶5 We review a district court’s grant or denial of a motion in limine for whether the district court abused its discretion. Bramble v. State of Montana, 1999 MT 132, ¶ 16, [294 Mont. 501, ¶ 16], 982 P.2d 464, ¶ 16.

Factual and Procedural Background

¶6 Early in the morning of August 29,1997 Nelson had a disagreement with his partner, Donna Nelson, and struck her several times in the face, breaking her jaw. Nelson was charged with partner assault, a misdemeanor, under § 45-5-206, MCA, and convicted of partner assault in the City Court of Red Lodge in April, 1998. In May, 1998 Nelson appealed his conviction to district court and requested a de novo trial by jury.

¶7 At an omnibus hearing in July, 1998 Nelson gave notice of his intent to rely on the defense of self defense. In his trial brief, Nelson declared his intent to introduce evidence at trial of Donna Nelson’s “prior convictions for assault for the purpose of showing her intent to assault him.” In September, 1998 the City of Red Lodge (hereafter, Red Lodge) filed a motion in limine to prohibit Nelson from introducing into evidence any criminal convictions of Donna Nelson. Nelson filed a response to Red Lodge’s motion in limine, arguing that Donna [192]*192Nelson’s prior convictions were admissible to show her intent to assault him and to show that he used reasonable force against her. The District Court granted Red Lodge’s motion in limine. Following a trial by jury, Nelson was convicted of partner assault and sentenced to one year in jail, to be served concurrent with the sentence he was serving at Montana State Prison, and with credit for time already served. From that judgment and order Nelson appeals.

Discussion

¶8 Nelson argues that the prior convictions of Donna Nelson were admissible under Rules 404(a)(2) and 405(b), M.R.Evid., and that the District Court abused its discretion in granting Red Lodge’s motion in limine. Nelson argues further that he relied on the defense of justifiable force at trial, that he made timely assertions that he knew of Donna Nelson’s prior convictions when he struck her, and that evidence of those convictions was necessary for him to establish that his use of force was reasonable in light of Donna Nelson’s character for violence. Nelson also contends that the District Court’s grant of Red Lodge’s motion in limine prejudiced his substantive rights and was reversible error.

¶9 Red Lodge responds that Nelson did not rely on the defense of justifiable force but rather claimed that his contacts with Donna Nelson were accidental. Further, Red Lodge contends that Nelson never asserted that he knew of Donna Nelson’s prior convictions when he struck her. Thus, the evidence of Donna Nelson’s prior convictions was not relevant to the defense of accident on which Nelson relied.

¶10 We begin by examining Montana’s justifiable use of force statute and Rules 404 and 405, M.R.Evid. Montana’s justifiable use of force statute provides in pertinent part:

Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.

Section 45-3-102, MCA.

¶11 Rule 404 provides in part:

(a) Character evidence generally. Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
[193]*193(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused ....

Rule 404(a)(2), M.R.Evid. We have previously concluded that “[w]here character evidence is admissible pursuant to Rule 404, M.R.Evid., character or a character trait can be proven through reputation evidence or specific instances of conduct evidence as expressly authorized in Rule 405, M.R.Evid.” State v. Sattler, 1998 MT 57, ¶ 44, 288 Mont. 79, ¶ 44, 956 P.2d 54, ¶ 44.

¶ 12 Rule 405(b) has two alternative prongs for the admission of specific instances of conduct and provides in pertinent part:

Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, or where the character of the victim relates to the reasonableness of force used by the accused in self defense, proof may also be made of specific instances of that person’s conduct.

Rule 405(b), M.R.Evid. (emphasis added). Nelson relies on the second prong of Rule 405(b), which recognizes specific instances of conduct “where the character of the victim relates to the reasonableness of the force used by the accused.” Rule 405(b), M.R.Evid.

¶13 The parties disagree over the threshold question whether Nelson relied at trial on the defense of justifiable force. Nelson argues that the notice he gave at the omnibus hearing of his intent to rely on the defense of self defense (hereafter, notice of intent), his trial brief in which he stated he would introduce evidence of Donna Nelson’s prior assault convictions, and his response to Red Lodge’s motion in limine amply establish that he relied on the defense of self defense. However, Nelson’s mention of the defense of self defense in his notice of intent, trial brief, and response to Red Lodge’s motion in limine did not place the matter of self defense at issue in his trial. Compare State v. Logan (1970), 156 Mont. 48, 65, 473 P.2d 833, 842 (concluding “[t]he notice of intention to rely on self-defense served by defendant on the state prior to trial is immaterial and does not place this matter in issue at trial. Defendant is not bound to rely on this defense at the trial notwithstanding service of this notice”).

¶14 Nelson argues further that he relied on the defense of self defense at trial. However, the portions of the trial transcript to which Nelson has directed this Court do not support his contention but show rather that he relied on the defense that he accidentally struck Donna Nelson. Nelson testified that on the night he struck Donna Nelson, he and Donna Nelson had been to a bar, in violation of his pro[194]*194bation, and that he had spoken with another woman. He and Donna Nelson quarreled over his conversation with that woman. Nelson testified further that when he and Donna Nelson returned home, Donna Nelson threw a vase that struck his throat and shattered when it hit the floor. Nelson testified that he hit the ground after the vase struck him but that he “was pretty mellow.” He asked Donna Nelson to leave and he walked into a TV room. Nelson turned on a large TV that had a VCR attachment and sat down in a chair as Donna Nelson came behind him.

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City of Red Lodge v. Nelson
1999 MT 246 (Montana Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 MT 246, 989 P.2d 300, 296 Mont. 190, 56 State Rptr. 955, 1999 Mont. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-red-lodge-v-nelson-mont-1999.