Recent and Notable Cases

RECENT & NOTABLE CASES: Some of the numerous successful and notable outcomes recently achieved by Beebe & Flowers. Proof beyond a reasonable doubt that having the right trial attorneys matters.

HELENA MUNICIPAL COURT (September 2019) – Before cross-examination of the arresting officer, the City Attorney’s Office amended a 3rd DUI charge to 1st offense Reckless Driving mid-trial, despite evidence of a BAC above . 08 and an admission by Defendant that he was under the influence. A clear and convincing victory for Beebe & Flowers’s client, who was facing the very real possibility of 30-days straight in the Lewis & Clark County Detention Center if convicted. Stellar advocacy by Beebe & Flowers, along with serious issues regarding the toxicological evidence and problems with the arresting officer’s investigation, combined for the favorable the outcome.

LEWIS & CLARK COUNTY JUSTICE COURT (September 2019) – It took the jury about an hour to return a unanimous Not Guilty verdict at a one-day trial in Helena, Montana. The jury found the prosecution’s “evidence” unconvincing and agreed with Beebe & Flowers’s argument that Defendant was not only not guilty, but indeed innocent. The befuddled rookie prosecutor for the State was no match for the seasoned and professional representation by Beebe & Flowers.

HELENA MUNICIPAL COURT (August 2019) – “Close enough for government work”
wasn’t good enough when four of Beebe & Flowers’s DUI clients’s DUI investigation blood samples were found to have been recalled by the manufacturer because they lacked the necessary preservative to ensure the accuracy of the blood tests associated with the vials.

HELENA MUNICIPAL COURT (August 2019) – Case dismissed due to concerns discovered regarding the credibility of the arresting officer.

FIRST JUDICIAL DISTRICT COURT, BROADWATER COUNTY (August 2019)-Beebe & Flowers successfully convinced the Court to release Defendant from jail on his own recognizance within 24 hours of being arrested for an alleged negligent homicide. Defendant is innocent of this charge.

LEWIS & CLARK COUNTY JUSTICE COURT (August 2019) – DUI case dismissed after Beebe & Flowers win motion to suppress for lack of particularized suppression.

MONTANA SUPREME COURT (July 2019) – The Beebe & Flowers law firm sought a Writ of Supervisory Control to the Montana Supreme Court on a speedy trial issue. Without intervention, Defendant faced the likelihood, if convicted, of serving a custodial sentence before the Montana Supreme Court could hear her appeal otherwise. While the Court denied the writ because it did not meet the specific criteria necessary, it stated that “the delay in [this] case has been significant,” and “we believe it appropriate that the District Court stay imposition of sentence pending appeal if [Defendant] so moves.” An unheard of result that now allows Beebe & Flowers to address the appeal without Defendant being incarcerated beforehand, which would render an appeal meaningless.

FIRST JUDICIAL DISTRICT COURT, BROADWATER COUNTY (July 2019) – Beebe & Flowers convinced Court to follow plea agreement that resulted in no prison time, after protracted, complex plea negotiations for a defendant convicted of three counts of negligent homicide.

LEWIS & CLARK COUNTY JUSTICE COURT (July 2019) – DUI case dismissed for lack of particularized suppression after winning motion to suppress.

FIRST JUDICIAL DISTRICT COURT, LEWIS & CLARK COUNTY (June 2019) – Defendant found not guilty of two serious felony sex offenses at trial and only convicted of a lesser-included misdemeanor, due to strategy and persuasion of Beebe & Flowers at trial, which prevented conviction on the felonies.

HELENA MUNICIPAL COURT (May 2019) – DUI 2nd charge dismissed after Beebe & Flowers secured hung jury at trial.

MONTANA FIRST JUDICIAL DISTRICT, LEWIS & CLARK COUNTY (April 2019) – District Court ordered new trial in case where lower court judge inadvertently had direct contact with jurors at the commencement of jury deliberations. Lower court judge announced his early retirement within an hour of Beebe & Flowers filing the motion for new trial in which the error was alleged.

FIRST JUDICIAL DISTRICT COURT, LEWIS & CLARK COUNTY (January 2019) – Felony drug possession case dismissed due to lack of particularized suspicion for law enforcement’s investigatory stop.

FIRST JUDICIAL DISTRICT COURT, LEWIS & CLARK COUNTY (December 2018) – Helena Municipal Court DUI conviction overturned due to an erroneous denial of a motion to suppress based on an uncorroborated tip of alleged criminal activity by a citizen.

MONTANA THIRD JUDICIAL DISTRICT, POWELL COUNTY (December 2018) – Defendant received a three-year deferred sentence without registration after a grueling, contested sentencing where the State sought incarceration and sex offender treatment. District Court judge commented in open court to a full courtroom that the sentencing hearing conducted by Beebe & Flowers was the best he had seen in his career.

MONTANA FIRST JUDICIAL DISTRICT COURT, LEWIS & CLARK COUNTY (September 2018) Defendant granted new trial due to overzealous prosecution tactics where judge allowed in unfairly prejudicial evidence at trial in contravention of State v. Zimmerman, 2018 MT 47, the Montana Supreme Court victory by Beebe & Flowers described below. Defendant is now pursuing appeal to the Montana Supreme Court for a subsequent violation of Defendant’s constitutional speedy trial rights relative to the new trial due to prosecutorial errors.

MONTANA SUPREME COURT DECISION (May 2018) State v. Freiburg, 2018 MT 145. The Montana Supreme Court overturned a district court’s decision of a trial motion by Flowers and ordered new trial. The decision clarified that the felony of criminal endangerment and the lesserincluded offense of DUI require independent proof.

MONTANA SUPREME COURT DECISION (April 2018), State v. Zimmerman, 2018 MT 94, Beebe & Flowers prevailed in a Montana Supreme Court appeal, which fundamentally changed DUI prosecution throughout Montana. Overturning existing precedent, the case now prevents prosecutors from introducing evidence of prior DUIs to juries at trial for Aggravated DUI. The opinion also overturned the district court’s ruling that had prevented Beebe from crossexamining a law enforcement officer on the fact that the officer had used nearly identical language describing the indicators of alleged alcohol impairment allegedly observed in nearly 25 DUI reports in a row, which would be a far-fetched coincidence at best.

MONTANA FIRST JUDICIAL DISTRICT COURT, LEWIS & CLARK COUNTY (March 2018). The State sought a 10 year prison sentence at a contested sentencing. Beebe shredded the probation officer on cross-examination, and Defendant received a 5-year suspended sentence instead (no prison time).

MONTANA FIRST JUDICIAL DISTRICT, LEWIS & CLARK COUNTY (March 2017) The Montana Department of Corrections released a prisoner illegally placed in a pre-release center after conceding to Beebe’s Writ of Habeas Corpus.

MONTANA SUPREME COURT DECISION (March 2017), City of Helena v. Grove, 2017 MT 111. Beebe prevailed on appeal to the Montana Supreme Court, which overturned a 3rd DUI conviction that violated Defendant’s statutory speedy trial right for conducting the trial one day after expiration of speedy trial time frame. The decision clarified previous, inconsistent precedent and essentially reduced the six-month time frame for bringing misdemeanors to trial by one day.

KENTUCKY SUPREME COURT (May 2016)– Court reversed a felony methamphetamine possession conviction due to jury selection error successfully preserved by Flowers.

MONTANA FIRST JUDICIAL DISTRICT, LEWIS & CLARK COUNTY (May 2015) District Court overturned a Helena Municipal Court conviction and denial of Beebe’s motion for mistrial where the prosecutor commented on Defendant’s constitutional right to not testify at trial in the prosecutor’s rebuttal to Beebe’s closing argument. The prosecutor had essentially won the hopeless case before his rebuttal, but the error resulted in Defendant beating the DUI charge.

MONTANA SUPREME COURT DECISION (July 2014), City of Helen v. Broadwater, 2014 MT 185, The Montana Supreme Court overturned a conviction against Defendant resulting in dismissal of case based on an erroneous denial of Beebe’s trial court motion to dismiss for violation of Defendant’s speedy trial rights.

MONTANA SUPREME COURT DECISION (May 2014) Bushnell v. Bushnell. 2014 MT 130, Beebe prevailed at the Montana Supreme Court, which overturned an erroneous district court family law decision.

PERRY COUNTY KENTUCKY CIRCUIT COURT (2014)- Prosecutor gave death penalty notice in a case involving death of three people, including the husband of Defendant. I filed a motion to exclude death as a penalty. After extensive briefing and lengthy oral argument, the judge excluded death as a potential penalty at trial. 2014.

PERRY COUNTY KENTUCKY CIRCUIT COURT (2014). Flowers was a member of three-person legal team that successfully resolved a case involving Defendant shooting an killing three members that likely would have resulted in a death verdict had it not been artfully resolved by Flowers’s team.