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Estate of Frazier v. Miller

Court: Montana Supreme Court

Citation: 2021 MT 85

Opinion Date: April 13, 2021

Judge: Beth Baker

Areas of Law: Constitutional Law, Personal Injury

The Supreme Court affirmed the judgment of the district court concluding that Erik Miller was justified when he used deadly force against Nicholas Tyson Frazier, holding that the district court did not err or abuse its discretion. Frazier, who was suicidal, was shot by Miller, a police officer, in his home after he pointed his gun at the Miller. The Estate brought this complaint against Miller alleging assault, wrongful death, negligence, and a violation of Frazier’s rights under the Montana Constitution. The district court entered judgment in favor of Miller, holding that Miller’s use of force was justified. The Supreme Court affirmed, holding (1) the district court did not err by refusing to submit a separate constitutional tort theory to the jury; (2) the special verdict form clearly and fairly presented the jury with the ultimate questions of fact; and (3) the district court did not abuse its discretion by failing to record all sidebar discussions of evidentiary objections.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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