# State v. Stewart

> Montana Supreme Court · December 27, 2012 · 367 Mont. 503

URL: https://www.frixlaw.com/law-library/cases/9512461

## Case

- **Full name:** STATE OF MONTANA, Plaintiff and Appellee, v. BENNY ROE STEWART, Defendant and Appellant
- **Court:** Montana Supreme Court
- **Decided:** December 27, 2012
- **Citations:** 367 Mont. 503; 291 P.3d 1187; 2012 MT 317; 2012 Mont. LEXIS 384
- **Precedential status:** Published
- **Opinion:** Concurrence by Baker
- **Judges:** Nelson, Cotter, Wheat, Rice, Baker
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9512461

## How later opinions describe it (automated extraction)

- concluding evidence indicating a sexual abuse perpetrator’s sexual interest or relationship with a victim is “highly probative” and “not unfairly prejudicial”

## Opinion text

JUSTICE BAKER,
concurring.
¶74 I agree that any error in the admission of the recordings of the pretext calls was harmless. I also agree that the District Court properly admitted the challenged photographs. I therefore join paragraphs 45 through 51 of the Court’s discussion of Issue One and all of its discussion with respect to Issue Two.
JUSTICE RICE joins in the concurring Opinion of JUSTICE BAKER.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9512461. Public record. Not legal advice.