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Ragner v. State

Supreme Court of Montana
Nov 29, 2022
DA 21-0137 (Mont. Nov. 29, 2022)

Opinion

DA 21-0137

11-29-2022

SHELBY BRYAN RAGNER, Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.


ORDER

On November 3, 2022, Appellant Shelby B. Ragner filed a petition for rehearing in the above-entitled matter. Appellee objected to the petition and filed a response.

This Court generally will grant rehearing on appeal only if our initial decision overlooked some fact material to the decision, overlooked a question presented that would have proven decisive to the case, or if the decision conflicts with a statute or controlling decision not addressed by the Court. M. R. App. P. 20(1)(a)(i-iii).

Upon review, the Court did not overlook a question presented by counsel or a fact material to the question of consent, and properly applied the "Rape Shield Statute," § 45-5-511(2), MCA. Further, the Court's decision regarding the jury instructions does not conflict with controlling precedent or statute.

Therefore, having considered the petition and response from Appellee, IT IS ORDERED that the petition for rehearing is DENIED.

The Clerk is directed to provide a copy of this Order to all counsel of record.


Summaries of

Ragner v. State

Supreme Court of Montana
Nov 29, 2022
DA 21-0137 (Mont. Nov. 29, 2022)
Case details for

Ragner v. State

Case Details

Full title:SHELBY BRYAN RAGNER, Petitioner and Appellant, v. STATE OF MONTANA…

Court:Supreme Court of Montana

Date published: Nov 29, 2022

Citations

DA 21-0137 (Mont. Nov. 29, 2022)