Issue Preservation, Judicial Disqualification, and Juror Impartiality: Applying Settled Montana Law

Case: Great Falls v. A. Ellis, 2026 MT 256N, No. DA 25-0460
Court: Supreme Court of Montana
Decided: October 27, 2026
Opinion by: Justice James Jeremiah Shea

1. Introduction

The Montana Supreme Court affirmed April Lee Ellis’s conviction for obstructing a peace officer following a traffic stop in Great Falls. The appeal concerned four issues: preservation of a suppression challenge, alleged judicial bias, a prospective juror’s relationship with the investigating officer, and cumulative error.

On June 5, 2023, Officer Frank Torres approached an intersection where Ellis was driving toward a yield sign. Torres testified that Ellis initially appeared not to be slowing, prompting him to brake to avoid a potential collision. Ellis stopped, made an apologetic gesture, and proceeded after Torres passed. Torres then initiated a traffic stop.

During the stop, Ellis kept her window closed and her doors locked, declined to identify herself or produce a driver’s license or proof of insurance, and requested a supervisor. She was arrested after the supervisor arrived. Ellis testified that she told the supervisor her identification was in the vehicle’s front seat, although she did not verbally identify herself.

The City prosecuted Ellis for careless driving and obstructing a peace officer under § 45-7-302, MCA. Three additional offenses originally cited were dismissed before trial. A jury acquitted Ellis of careless driving but convicted her of obstruction. The Eighth Judicial District Court affirmed the conviction on intermediate appeal, and Ellis, representing herself before the Supreme Court, sought further review.

2. Summary of the Opinion

  1. Suppression: The Court declined to review whether Torres had particularized suspicion for the stop because Ellis did not brief the suppression issue in her intermediate appeal. Mentioning the suppression order in her notice of appeal did not preserve the issue for ultimate review.
  2. Judicial disqualification: Judge Ashley Wilkinson did not err by declining to disqualify herself. Ellis’s attorneys had not used the statutory disqualification procedure, despite previous guidance to do so, and the circumstances did not establish a sufficient basis for questioning the judge’s impartiality toward Ellis.
  3. Juror challenge: The trial court did not abuse its discretion by declining to excuse prospective juror Christopher McGregor for cause. Although McGregor knew Torres and initially expressed confidence in his credibility, he ultimately stated that he could remain impartial and fairly weigh the evidence.
  4. Cumulative error: Ellis established no collection of errors that prejudiced her right to a fair trial.

The Court therefore affirmed the obstruction conviction.

3. Analysis: Legal Reasoning and Cited Precedents

A. Appellate Review and the Importance of the Intermediate Appeal

City of Billings v. Barth, 2017 MT 56, supplied the framework for reviewing a municipal-court case that has already passed through the district court. The Supreme Court reviews the case as though the appeal had originally been filed there, applying the standard appropriate to each issue. This framework does not, however, eliminate preservation requirements arising during the intermediate appeal.

The Court also recited the suppression standard from State v. Harning, 2022 MT 61: factual findings are reviewed for clear error, while the application of controlling law to those facts is reviewed for correctness. A finding may be clearly erroneous if unsupported by substantial evidence, based on a misunderstanding of the evidence, or otherwise demonstrably mistaken. Because the suppression issue was waived on intermediate appeal, the Court never applied that standard to decide whether the stop was lawful.

Preserving an issue requires more than listing the challenged order

Ellis had contested the stop before trial, arguing that she lawfully yielded and that Torres lacked sufficient objective information to justify an investigatory stop. Her notice of appeal to the District Court referenced the suppression order. Her appellate brief, however, addressed only judicial disqualification and the juror challenge.

State v. Taylor, 2010 MT 94, supported the general rule against considering issues first raised on appeal. More specifically, City of Bozeman v. McCarthy, 2019 MT 209, established that failing to raise an appealable issue during an intermediate appeal generally constitutes implied waiver for ultimate Supreme Court review—even if the issue was preserved in the trial court.

The distinction is consequential: preservation is not necessarily completed by a timely trial objection. In a multilevel appellate process, the appellant generally must continue presenting the issue at each required stage. Here, the notice identified the suppression order, but the intermediate appellate brief did not develop a challenge to it.

Plain-error review remained possible but was not warranted

State v. Akers, 2017 MT 311, established that waiver on intermediate appeal does not necessarily foreclose plain-error review. Nevertheless, City of Bozeman v. McCarthy, quoting State v. Earl, 2003 MT 158, emphasized that this exceptional review is exercised sparingly and case by case.

Ellis did not request plain-error review, and the Court’s own examination of the record disclosed no reason to undertake it. The suppression argument therefore failed procedurally, not on its merits.

Important limitation: The opinion does not hold that Torres had particularized suspicion, that the stop was constitutional, or that Ellis’s eventual acquittal of careless driving resolved the legality of the initial stop. Those questions were not decided.

B. Judicial Disqualification: Statutory Procedure and Objective Impartiality

Ellis sought Judge Wilkinson’s disqualification because Ellis’s law firm, The Practice of Law, P.L.L.C., had represented an opposing party in civil litigation involving the judge’s mother. Judge Wilkinson had originally been a party to that litigation but had been dismissed for lack of standing. The litigation had settled, although the firm’s client still owed settlement payments to the judge’s mother.

Ellis’s attorneys relied on the general provision concerning circumstances in which a judge’s impartiality might reasonably be questioned, identified in the opinion as M. C. Jud. Cond., Rule 2.12(A). They conceded that no specific subsection required disqualification.

The significance of In re Estate of Boland

In re Estate of Boland, 2019 MT 236, served two related purposes. First, it supplied de novo review based on an objective examination of the surrounding circumstances. Second, it explained the statutory mechanism under § 3-1-805, MCA, for a party who believes a judge is biased or partial.

Under that mechanism, an affidavit alleging supporting facts gives concrete form to the party’s claim. The procedure also allows the bias question to be resolved before a different judge. As described in In re Estate of Boland, this protects both the litigant’s interest in an impartial tribunal and the judicial system’s interest in avoiding unsupported delays and ensuring that a judge continues presiding when disqualification is unwarranted.

The Court noted that Ellis’s attorneys did not pursue removal under either § 3-1-803 or § 3-1-805, MCA. Its analysis concentrated on their failure to use the latter procedure.

The earlier City of Great Falls v. Culver proceedings

Fifteen months earlier, the same attorneys had raised the same concern before Judge Wilkinson in City of Great Falls v. Culver, TK-22-85. She advised them that a statutory disqualification motion would permit the District Court to resolve the issue and clarify its treatment in future cases. Although granted a continuance for that purpose, the attorneys did not file the motion.

City of Great Falls v. Culver functioned as procedural background, not as appellate authority deciding the merits of disqualification. Its importance was that counsel had previously received explicit guidance about the appropriate procedure yet repeated the same approach in Ellis’s case.

The Court also examined the asserted appearance of bias

The decision did not rest exclusively on procedural noncompliance. The Court considered the asserted basis for disqualification and found the connection insufficient: the civil litigation had been resolved, had no connection to Ellis’s prosecution, and did not establish why the judge’s impartiality toward Ellis should reasonably be questioned.

State v. Strang, 2017 MT 217, and its cited authority, Liteky v. United States, 510 U.S. 540 (1994), supported the additional proposition that adverse judicial rulings alone ordinarily do not establish bias. The qualification matters: the cited language states that judicial rulings “almost never” provide a valid basis for a bias motion, rather than announcing an absolute prohibition.

The Court also reviewed statements that Ellis claimed revealed hostility toward her attorneys. It nevertheless concluded that Judge Wilkinson did not err by declining to withdraw.

Scope of the reasoning: The opinion does not establish that a judge’s family litigation can never create an appearance problem, nor that a statutory procedural omission automatically disposes of every ethical disqualification question. It rejects the particular challenge presented on this record.

C. Juror Impartiality: Familiarity with a Witness Versus Disqualifying Bias

Prospective juror McGregor had known Torres for approximately eight years. Their contacts included a barbecue, river outings, and professional encounters arising from McGregor’s work as an emergency department nurse. McGregor also had a personal friendship with Torres’s former wife.

Some of McGregor’s answers supported Ellis’s concern. He indicated that knowing Torres would lead him to give Torres credibility. On further questioning, however, he stated that he could set the relationship aside, consider the evidence as a whole, and act without bias.

The governing statutory and appellate standards

Section 46-16-115(2)(j), MCA, permits a challenge for cause when a prospective juror’s state of mind would prevent impartial consideration of the case and prejudice a party’s substantial rights.

State v. Heath, 2004 MT 58, supplied abuse-of-discretion review and the principle that failing to excuse a juror whose actual bias emerges during jury selection constitutes an abuse of discretion. Accordingly, the question was not simply whether McGregor knew an important witness, but whether that relationship prevented impartial service.

The opinion also cited Anderson, paragraph 15, for the instruction to err on the side of caution. That discussion quoted State v. Normandy, 2008 MT 437, for the proposition that a court need not remove every juror who expresses concern about impartiality but believes that he can fairly weigh the evidence. The supplied opinion does not provide a full case title or citation for Anderson, so its identity should not be expanded by assumption.

Why the denial survived review

The Court acknowledged that Ellis’s concern was understandable and that another judge might reasonably have granted the challenge. It nevertheless held that Judge Wilkinson remained within her discretion because McGregor candidly described the relationship and ultimately affirmed his ability to remain impartial.

This reasoning distinguishes an appellate finding of error from disagreement over the preferable trial-management choice. Abuse-of-discretion review allows more than one permissible outcome; the possibility that another judge would have excused McGregor did not itself require reversal.

The difficult feature of the record was the tension between McGregor’s initial inclination to credit Torres and his later assurances of fairness. The Court accepted the trial judge’s resolution of that tension. It did not announce that a juror’s final assurance of impartiality invariably cures earlier indications of bias.

Why structural-error doctrine did not require reversal

Ellis relied on State v. Block, 2019 MT 180, quoting State v. Johnson, 2019 MT 68. Those decisions identify structural error when a court erroneously denies a challenge for cause, the defendant uses a peremptory challenge to remove that prospective juror, and the defendant exhausts the available peremptory challenges.

Ellis used a peremptory challenge to remove McGregor and exhausted all three of her peremptory challenges. Those circumstances satisfied only part of the relevant framework. Because the Court found no erroneous denial of the for-cause challenge, the necessary initial condition for structural error was absent.

The distinction prevents the automatic-reversal rule from becoming automatic whenever a defendant uses a peremptory strike after an unsuccessful challenge for cause.

D. Cumulative Error Requires Demonstrated Errors and Collective Prejudice

State v. Smith, 2020 MT 304, explained that multiple errors may collectively undermine a defendant’s right to a fair trial. State v. Marfuta, 2024 MT 245, placed the burden on the defendant to establish that the errors together prejudiced due process rights. State v. Novak, 2005 MT 294, reinforced the requirement that accumulated errors prejudice the right to a fair trial.

These authorities recognize that the combined effect of several errors may be more serious than each error viewed separately. But the doctrine is not an independent substitute for identifying errors in the first place.

Here, the Court found no error in the judicial-disqualification or juror rulings and declined to reach the waived suppression claim. Ellis therefore established no accumulation of errors warranting reversal. This conclusion should not be confused with an affirmative merits determination that the suppression ruling was correct.

4. Potential Impact and Limits

Because the opinion expressly prohibits citation and disclaims precedential effect, it cannot properly be presented as a new governing authority. The established decisions it applies—not this memorandum disposition—remain the sources of the relevant legal rules.

Nevertheless, the decision illustrates several practical lessons:

  • Maintain issues throughout the appellate chain. A trial motion and a reference in a notice of appeal do not replace developed argument in the intermediate appellate brief.
  • Use the designated disqualification procedure. A supported affidavit and independent consideration under § 3-1-805, MCA, provide a structured mechanism for resolving claims of judicial bias.
  • Develop the entire jury-selection record. Social familiarity, initial credibility preferences, and later assurances must be considered together when assessing actual bias.
  • Establish the underlying error before invoking automatic reversal. Exhausted peremptory challenges do not independently establish structural error.
  • Identify concrete errors before arguing cumulative prejudice. Several unsuccessful claims do not become reversible error merely through aggregation.

The opinion also leaves important substantive questions unanswered. It does not define when refusal to provide identification constitutes obstruction, determine the constitutional limits of such a prosecution, or decide whether this traffic stop was supported by particularized suspicion. The Court expressly classified the appeal as presenting no constitutional issue for decision and no issue of first impression.

5. Complex Concepts Simplified

Particularized suspicion
A specific, objective basis for suspecting wrongdoing sufficient to justify an investigatory stop. Whether that basis existed here was not decided.
Suppression and “fruit of the poisonous tree”
Suppression excludes evidence obtained unlawfully. The quoted expression concerns evidence derived from an earlier illegality. Ellis invoked this theory, but the Supreme Court did not reach it.
Implied waiver
Losing ordinary appellate consideration of an issue by failing to present it at a required stage, even without expressly abandoning it.
Plain-error review
Exceptional appellate review despite a preservation problem. It is discretionary, not an automatic second opportunity.
De novo review
Independent review of the relevant legal question rather than deference to the lower court’s legal conclusion.
Challenge for cause
A request to remove a prospective juror because a legally recognized reason, such as disqualifying bias, makes the juror unsuitable.
Peremptory challenge
A limited opportunity to remove a prospective juror without establishing the grounds required for a challenge for cause.
Structural error
An error treated as requiring reversal without an ordinary assessment of whether it affected the verdict. Under the authorities discussed here, its application depended first on an erroneous for-cause ruling.
Cumulative error
The combined prejudicial effect of multiple established errors, even where their individual effects might not independently justify reversal.

6. Conclusion

The Court affirmed Ellis’s obstruction conviction through established procedural and impartiality principles, not a new rule of law. The decisive points were the omission of the suppression issue from intermediate appellate briefing, the insufficient basis for judicial disqualification, and the absence of an abuse of discretion in the juror ruling.

The broader lesson is procedural precision: preserve each issue, use the prescribed mechanisms for challenging impartiality, and establish actual error before seeking structural or cumulative-error relief. The decision remains expressly noncitable and nonprecedential.