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.