Montana Supreme Court, 2018

The court affirmed revocation of Johnson's deferred sentence because substantial evidence supported the finding that he failed to make a good-faith effort to pay restitution. It held that revocation did not violate due process or equal protection because alternative measures were required only if he had made all…

The court affirmed Mills's theft convictions, holding that a good-faith claim of right can negate the required mental state for theft but that Mills's asserted general right to take unspecified property as security for an unliquidated debt did not create a jury-usable defense on this record.

The Montana Supreme Court held that a defendant waives a venue objection if not raised before the first witness is sworn, and that venue is not a jurisdictional fact requiring proof beyond reasonable doubt; however, the prosecution must still prove the court’s jurisdiction, and because the City failed to do so for the…