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State v. Braulick

Supreme Court of Montana

May 26, 2015

STATE OF MONTANA, Plaintiff and Appellee,
v.
JEREMY JOHN BRAULICK, Defendant and Appellant

Submitted on Briefs: March 11, 2015.

Released for Publication June 11, 2015.

Page 509

APPEAL FROM: District Court of the Sixth Judicial District, In and For the County of Park, Cause No. DC 12-1. Honorable Wm. Nels Swandal, Presiding Judge.

For Appellant: Wade Zolynski, Chief Appellate Defender, Jacob Q. Johnson, Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General, C. Mark Fowler, Assistant Attorney General, Helena, Montana; Bruce Becker, Park County Attorney, Livingston, Montana.

LAURIE McKINNON. We concur: MIKE McGRATH, PATRICIA COTTER, MICHAEL E WHEAT, JAMES JEREMIAH SHEA. Justice Laurie McKinnon delivered the Opinion of the Court.

OPINION

Page 510

[379 Mont. 303] Laurie McKinnon, Justice.

[¶1] Jeremy John Braulick appeals from his conviction of two counts of attempted deliberate homicide in the Sixth Judicial District Court, Park County. We affirm.

[¶2] Braulick presents the following issues for review:

1. Whether the District Court erred when it denied Braulick's motion to suppress spontaneous statements made after he was in custody, after he requested an attorney, and before he was notified of his Miranda rights.
2. Whether the District Court erred when it denied Braulick's motion to exclude one of the victims of the crime from the courtroom.

FACTUAL AND PROCEDURAL BACKGROUND

[¶3] On the evening of December 27, 2011, Braulick was sitting at the kitchen table in his mother's house in Livingston, eating burritos with his mother, Cheryl Kautzman, and his step-father, Scott Kautzman. Braulick, who was 39 years old at the time, was staying with the Kautzmans during the holidays. Braulick was between residences and had been staying with friends when he called Cheryl and asked to stay at the house for Christmas. Cheryl was initially reluctant, because there had been some " disruptive behavior" and " bad language" in the past. Scott told Braulick that he would be allowed to stay only if he agreed not to " blow up" and not to be abusive toward his mother. Scott and Braulick agreed that if those conditions were violated, Braulick would have to leave. Cheryl gave Braulick a key to the house.

[¶4] The Kautzmans kept a small television on the kitchen counter so they could watch the evening news. As they were eating dinner that night, they saw a commercial depicting the widow of a highway patrol officer who had been killed in a collision with a drunk ...


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