Montana Supreme Court
State v. C. Flesch
July 30, 2024417 Mont. 333
Summary
The Court held that the charging documents alleged probable cause that Flesch was subject to constructive official detention when he fled the courtroom after the judge ordered that he be detained. It also held that Flesch waived his judicial-disqualification claim by waiting until appeal to raise it, because the alleged knowledge and potential bias arose from the judge’s official participation in the proceedings and did not establish the exception for bias or prejudice. The Court affirmed the denial of the motion to dismiss and the attempted-escape conviction.