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STATE v. CASWELL

No. DA 11-0536.

295 P.3d 1063 (2013)

2013 MT 39

369 Mont. 70

STATE of Montana, Plaintiff and Appellee, v. Peter Earl CASWELL, Defendant and Appellant.

Supreme Court of Montana.

Decided February 19, 2013.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens ; Smith and Stephens, P.C.; Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Tammy K. Plubell , Helena, Montana, Bernard G. Cassidy , Lincoln County Attorney; Libby, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 A jury convicted Peter Earl Caswell (Caswell) of sexual intercourse without consent and partner/family member assault in the Nineteenth Judicial District Court, Lincoln County. Caswell argues that his due process rights were violated when a portion of the trial was not recorded during the State's case in chief and effective appellate review is now unavailable. Caswell also argues that the District Court...

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