Montana Supreme Court

State v. S. Walks

July 8, 20252025 MT 147

Summary

The court held that drawings made during forensic interviews were not testimonial evidence because their meaning depended on accompanying testimony and recordings, so the jury could review them during deliberations. It further held that allowing the jury unrestricted access to drawings made during trial was error, but harmless because the drawings were cumulative of stronger testimonial evidence and could not reasonably have contributed to the conviction. The judgment of conviction was affirmed.