State v. Buttolph
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The case involves Tylor Buttolph who appealed his conviction of stalking. Buttolph had been charged with eight counts of felony stalking, allegedly occurring between October 17, 2019, and April 6, 2020. For each count of stalking, the State listed only one act of misconduct. However, the stalking statute requires a "course of conduct" involving two or more acts. The State used evidence of prior, uncharged conduct to prove the "course of conduct" element.
The Supreme Court of the State of Montana reversed the conviction. The court held that Buttolph's constitutional right to due process was violated when the State used an act not charged in the information to prove "course of conduct" for the offense of stalking. The court reasoned that the State cannot shift its theory of criminality on the day of trial without violating Buttolph's fundamental right to due process. The charging document was silent as to the second act constituting the course of conduct element of the offense, and thus, there was no "statement of facts constituting the offense charged".
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