State v. Gladue

1999 MT 1, 972 P.2d 827, 293 Mont. 1, 56 State Rptr. 1, 1999 Mont. LEXIS 2
CourtMontana Supreme Court
DecidedJanuary 5, 1999
Docket97-191
StatusPublished
Cited by54 cases

This text of 1999 MT 1 (State v. Gladue) 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
State v. Gladue, 1999 MT 1, 972 P.2d 827, 293 Mont. 1, 56 State Rptr. 1, 1999 Mont. LEXIS 2 (Mo. 1999).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Dale Leo Gladue (Gladue) appeals from the judgment entered by the Ninth Judicial District Court, Glacier County, on a jury verdict finding him guilty of felony assault, misdemeanor partner or family [3]*3member assault and misdemeanor criminal trespass to property. We affirm.

¶2 Gladue raises the following issues:

¶3 1. Did the District Court abuse its discretion in denying Gladue’s motion for a mistrial based on improper comments by the prosecutor during closing arguments?

¶4 2. Does sufficient evidence support the jury’s verdict that Gladue was guilty of criminal trespass to property?

BACKGROUND

¶5 In the fall of 1994, Gladue became involved in an intimate relationship with Joyce Nanini (Nanini) and eventually moved into her home in Cut Bank, Montana. The relationship was tempestuous. On October 28,1995, officers from the Cut Bank Police Department were summoned to Nanini’s residence. Upon the officers’ arrival, Gladue informed them that Nanini had pointed a pistol at him. Nanini responded that she had done so to protect herself because Gladue had assaulted her and that she had asked Gladue to leave, but he refused to do so. The officers confiscated the pistol and escorted Gladue from the house. Nanini subsequently was charged with felony assault for pointing the pistol at Gladue. Both Nanini’s defense counsel and the county attorney recommended that Nanini and Gladue stay away from each other during the pendency of the assault proceedings against Nanini, but they continued to see each other. The relationship remained tumultuous, however, with Nanini periodically locking Gladue out of the house or telling him he no longer was welcome to live there.

¶6 During the evening of November 20, 1995, Gladue appeared at Nanini’s home. Nanini testified that Gladue was extremely intoxicated and was carrying two beer bottles, one full and one nearly empty. She further testified that Gladue was not living in the house at that time, was not welcome there and had been told by the Glacier County Attorney earlier that day not to have any contact with her. Nanini did not know how Gladue got into her house that evening, but thought he might have picked up one of her children’s keys. She testified that, while at her house, Gladue threatened her and tried to hit her. She ran to the back door, yelled for a neighbor to call the police and then told Gladue to leave. Gladue walked out the back door. Once outside, Gladue turned around and threw the full beer bottle at Nanini, hitting her on the left buttock and causing a bruise. He then left the premises.

¶7 The State of Montana (State) subsequently charged Gladue by information with the following offenses, all alleged to have occurred [4]*4on or around November 20, 1995: Stalking, a felony; Intimidation, a felony; Partner or Family Member Assault, a misdemeanor; two counts of Felony Assault; Burglary, a felony; Tampering with Witnesses and Informants, a felony; and Criminal Trespass to Property, a misdemeanor. The information also charged Gladue with an additional count of Criminal Trespass to Property, a misdemeanor, alleged to have occurred on October 28,1995. Gladue pleaded not guilty to all counts and trial eventually was set for July 15, 1996. The District Court released Gladue on bond pending trial on the condition, inter alia, that he have no contact with Nanini.

¶8 On the morning of trial, the prosecutor requested a continuance — on the basis that contact between Gladue and Nanini had occurred the prior evening in violation of the District Court’s order — and the District Court granted the continuance. In addition, a second information was filed charging Gladue with the offenses of Intimidation, a felony, and Tampering with Witnesses and Informants, a felony, both alleged to have occurred on July 14, 1996. Gladue pleaded not guilty to both counts, the two cases were consolidated, and trial was set for September 23, 1996.

¶9 A jury trial was held on September 23, 24 and 25,1996. At the close of the prosecution’s case-in-chief, Gladue moved for a directed verdict on all counts. The District Court granted the motion as to one of the Felony Assault counts and denied it as to the remaining counts. At the close of trial, after the jury retired for its deliberations, Gladue moved for a mistrial, arguing that improper comments by the prosecutor during closing arguments had prejudiced his right to a fair trial. The District Court denied the motion. The jury returned a verdict finding Gladue guilty of Felony Assault, misdemeanor Partner or Family Member Assault and misdemeanor Criminal Trespass to Property, all having occurred on November 20,1995; the jury acquitted Gladue of all other charges. The District Court sentenced Gladue and entered judgment and Gladue appeals.

DISCUSSION

¶10 1. Did the District Court abuse its discretion in denying Gladue’s motion for a mistrial based on improper comments by the prosecutor during closing arguments?

¶11 The standard to be applied by a district court in determining whether to grant a defendant’s motion for a mistrial is whether the defendant has been denied a fair and impartial trial. State v. Partin (1997), 287 Mont. 12, 951 P.2d 1002, 1004. In turn, we review a district [5]*5court’s grant or denial of a motion for a mistrial to determine whether the court abused its discretion. Partin, 287 Mont. 112, 951 P.2d at 1005.

¶12 Gladue argued that several comments the prosecutor made in rebuttal closing argument were improper and prejudiced his right to a fair and impartial trial. The District Court concluded that, although the prosecutor’s comments may have “pushed the envelope” of impropriety, they were harmless and did not prejudice Gladue’s right to a fair and impartial trial. It denied the motion for a mistrial on that basis and Gladue asserts error. In determining whether the District Court abused its discretion in denying Gladue’s motion for a mistrial, we address, first, whether the prosecutor’s comments were improper and, second, whether any improper comments prejudiced Gladue’s right to a fair and impartial trial.

A. Propriety of Prosecutor’s Comments in Rebuttal Closing Argument

¶13 In closing argument, Gladue’s counsel noted that the felony assault charge against Nanini which arose out of the October 28,1995, incident had been dismissed at some point prior to Gladue’s July 15,1996, trial date. In rebuttal closing argument, the prosecutor responded to defense counsel’s argument by stating that “[s]ure, the State dropped charges against Joyce Nanini, because witnesses like Sheryl Hetler came forward and confirmed her story.” Gladue’s counsel objected to this statement on the basis that the prosecutor was arguing facts not in evidence. Before the District Court had an opportunity to rule on the objection, the prosecutor continued his argument as follows:

There was testimony to buttress it. Sheryl Hetler testified on the stand and her statement is an Exhibit, that Dale Gladue confirmed on a phone call that he had been dragging her around by the hair and knocking her around. It’s my job to evaluate cases and decide which ones will fly and which ones won’t. This one flies, that one didn’t. You heard her testify there was no deals made. She was driving me nuts for two years, but at least Kathy Black can now explain it to me, it’s that spousal abuse syndrome.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 MT 1, 972 P.2d 827, 293 Mont. 1, 56 State Rptr. 1, 1999 Mont. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gladue-mont-1999.