State v. Mccarthy

Facts

D and Karen had a relationship for approximately fifteen years. Karen decided to terminate it and moved into a women's shelter, and shortly thereafter, obtained a temporary restraining order against D. The order was continued as a permanent order of protection in November 1995. D was ordered not to 'personally contact, telephone, or otherwise communicate, follow, harass, intimidate, threaten, annoy or disturb' the peace of Karen. D petitioned for a restraining order against Karen, and the District Court issued a reciprocal protection order that prohibited the parties from molesting or disturbing the peace of one another, and directed that neither party 'follow, harass, intimidate, telephone, touch, threaten, or contact each other by a third party at work, at school, in public or at any other place.' This order of protection was to remain in full force and effect until August 21, 1997. D continued to telephone and mail letters to Karen. In November 1996, D was charged and convicted of stalking in violation of the protective orders. He was sentenced to five years. While incarcerated D mailed a letter to the Law and Justice Center in Bozeman, Montana, addressed to both Karen and Gloria Edwards who worked at the center. Gloria opened and read the letter and sent a copy of the letter to a detective at the Bozeman police department. Gloria contacted Karen and informed her that she had received a letter from D. A week later, D sent another letter directly to Karen at her home address. Following the advice of her clinical therapist, Karen did not open the letter but instead contacted the Police. D was charged with stalking. D moved to have the charges against him dismissed on the grounds that two instances of attempted contact by letter were legally insufficient to support a conviction for stalking. D was found guilty and sentenced to five years. D appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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