Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana
Within the case the district court abused its discretion by admitting evidence that the defendant is affiliated with a gang. Discredit by denying defendant's Motion for mistrial because of witnesses (blots) being made to the public, that gang affiliation mention of a gang affiliation brings bias and has it deprived defendant of a fair trial which is his constitutional right. In a cause one there was no physical evidence backed by forensic. Proper police protocol call at the scene of shooting were not followed and one of the people defendant way convicted of assault with a weapon on did not show up at trial yet defendant yet defendant was still convicted on the assault with a weapon on Gertie Conralee due to the prejudice of a gang affiliation and a Warrant (back acts) being brought of cd Wiel. Due to Marrone lack of trial experience Pa Conled to be able do recognize the prejudice effect constant Crane a Hihechon berms mentioned Can Cause. There's several other courts that recognize the prejudice that comes with Gang Affiliation all it is proven to be more prejudicial to be a Gang member than to be on probation, and Casts are reversed for tac motion of probation. The Gang evidence in This case amo substantial more prejudicial then inductive and the State included it te plant a fixed of fear in the jury which this court has already cwleol that the state cannot do das tw other cases US. v Elkins Yo F Sel 81 Cio ear. 1998), US. v. Abel 464 US: 4S BB Led 2dl 450. The Question presented in das Cage is were Christopher Mh cheloth's 5t amendment constitutional rights violated. Yes they were. The Court Shald reverse the olecision.
In this case exculpatory "per Maryland - tdhidr cleal, is ace ra mld" violation of Amendment Constitutional eights Qa wh r my 5T enol fete. GER resulhy. Yes Ad Seid arth euidence Aden ke Sndee'y he shot m s Aden was not on tna and Yes Aden did sa hold ch @. However hs Negative GSK -resulhy thet Voc ~ ne ne dd Net shoot me ancl Het he i LS ith hel by of & Gun She not mw the, degre 'tact on oa ackee FTA evidence Osainst This weld change dhe outcome 6 & the tral beceage wane tates Mainly reed on witness feshmony.. These has been a clear opie Cederal lous because rether then yi. Car antcasona le probe ry Standard Lor materials at suptesce 9 Fn snalle - uunreusonab ter to explain Quay this evtelence as not bet nan Pecouse of Aden 's Stdament, The reasoned le probe b ht ghedud 0, ™ erly in Sappiesseel evidence 1S less riaorous daa pre ponderance 6 « euidence Standard m thet petthoner need only shor thatthe Neus euldence undermines Contidence nw the verolick, Kyley.v obit: ead des. te 5.C1. 1888, 13) Gr Ed Ad 9906498) The A Y s 8 (aah hy Not hen, eviden jt dosen't ') mee GS it not needed becauic on
Were Christopher Mh cheloth's 5th amendment constitutional rights violated?