State of Montana v. Daniel Boone Crosby

Missoula, Montana "Daniel Boone, age 35, Crosby was wrongly convicted on January 20, 2006 in Missoula, Montana of sexual intercourse without consent with his daughter Shawnetta Crosby in 1993 when she was 10-year-old. Key testimony during Crosby's jury trial was the testimony of his daughter. After his conviction following a five day trial, Crosby was sentenced to ten years in prison with seven years suspended pending good behavior. After Crosby's release in 2000 he had to register as a sex offender. In 2004 Crosby filed a post-conviction petiton for a new trial based on the new evidence that his daughter recanted her accusation and testimony, and that they never occurred. Shawnetta stated in a sworn statement that her mother influenced her to falsely accuse her father. After holding an evidentiary hearing during which Shawnetta testified, the trial court denied Crosby's petition on the basis that he thought her recantation was untrue. Crosby appealed the ruling. On July 11, 2006 the Montana Supreme Court reversed the lower court's ruling denying Crosby's petition, stating: "The court's improper application of the law clearly prejudiced Crosby since the court denied Crosby's petition for postconviction relief on the sole basis that it deemed Shawnetta's recanting testimony untrue. We therefore reverse and remand for the District Court to apply the standards espoused in Clark in determining whether Crosby is entitled to postconviction relief and a new trial." The Missoula County DA submitted a motion to dismiss the charges, which was granted in June 2008."



"On July 11, 2006 the Montana Supreme Court reversed the lower court's ruling denying Crosby's petition, stating: "The court's improper application of the law clearly prejudiced Crosby since the court denied Crosby's petition for postconviction relief on the sole basis that it deemed Shawnetta's recanting testimony untrue. We therefore reverse and remand for the District Court to apply the standards espoused in Clark in determining whether Crosby is entitled to postconviction relief and a new trial." The Missoula County DA submitted a motion to dismiss the charges, which was granted in June 2008."



"Crosby v. State, 139 P. 3d 832, 2006 MT 155, 332 Mont. 460 (Mont: Supreme Court, 2006) (Reversing lower court's ruling and remanding)"



"Supreme Court agrees Missoula man's rape conviction deserves new review, By Matt Gouras (Associated Press), Billings Gazette (Billings, MT), July 11, 2006"

Defendant was found guilty. Defendant was released when he was 39.