Even if ample admissible evidence proves a defendant committed a crime, the defendant’s right to a fair trial is violated if: (1) the State introduces inadmissible evidence at trial that does not prove an element of the crime; (2) no admissible evidence proves the facts that the tainted evidence proves; and (3) it is reasonably possible that the evidence contributed to the defendant’s conviction.
State v. Rogers, 2013 MT 221,
0 Mont. L. Rev.
Available at: http://scholarship.law.umt.edu/mlr/vol0/iss1/1