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State v. Criswell

Supreme Court of Montana

August 6, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
CHERYL LEE CRISWELL and EDWIN JAMES CRISWELL, Defendants and Appellants.

ORDER

Cheryl and Edwin Criswell have filed a Petition for Rehearing, pursuant to M. R. App. P. 20, of this Court's Opinion in State v. Criswell 2013 MT 177, 370 Mont. 511, __P.3d__. The Criswells contend that this Court: (1) failed to consider or overlooked whether there was sufficient evidence that the Criswells acted without justification, and (2) misplaced reliance on the expert testimony of Dr. Jeff Rosenthal.

As noted by the State in its response to Criswells' Petition for Rehearing, the question of whether a defendant's action constitutes justifiable conduct is rarely addressed in a vacuum. Evidence of what the Criswells knew was an integral part of determining whether the Criswells could reasonably have contended that they were justified in their acts of animal cruelty. Additionally, this Court properly assessed the expert testimony of Dr. Jeff Rosenthal.

The Criswells have failed to demonstrate that this Court has overlooked a question presented by counsel or some material fact to its decision. Therefore,

IT IS ORDERED that Criswells' Petition for Rehearing is DENIED.

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


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