James C. Nelson

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James Nelson
Associate Justice of the Montana Supreme Court
In office
May 1993 – December 31, 2012
Nominated byMarc Racicot
Succeeded byLaurie McKinnon
Personal details
Born (1944-02-20) February 20, 1944 (age 80)
Moscow, Idaho
Alma materUniversity of Idaho (BS)
George Washington University (JD)
Military service
Branch/serviceFile:Flag of the United States Army.svg United States Army
RankFirst Lieutenant

James C. Nelson (born February 20, 1944) is a retired American attorney and jurist who served as an associate justice of the Montana Supreme Court from 1993 through 2012, having been appointed to the court by Republican Governor Marc Racicot in May 1993.[1][2]

Early life and education

Born in Moscow, Idaho, Nelson earned his Bachelor of Science degree from the University of Idaho in 1966. After graduating, he served in the United States Army for three years, being discharged as a first lieutenant in 1969 to serve as a financial analyst with the U.S. Securities and Exchange Commission.[1][2]

Career

After earning his Juris Doctor degree with honors from George Washington University Law School in 1974,[1] he moved to Cut Bank, Montana to take over his father-in-law's law firm.[2] After representing a Native American tribe, the tribe gave him the honorary name of E-E-Nistowas, or Buffalo Body.[2] During this time, he served as president of the Glacier Chamber of Commerce, chairman of the Montana Board of Oil and Gas Conservation, and a member of the Montana Gaming Advisory Council and the Governor's Task Force on Corrections and Criminal Justice Policy.[1][2] He served as Glacier County Attorney, the county's top prosecutor, until May 1993 when Republican Governor Marc Racicot (the chairman of George W. Bush's 2004 presidential campaign)[3][4] appointed Nelson to the Montana Supreme Court.[1][2]

Supreme Court tenure

In 1997, Nelson wrote the court's opinion in Montana v. Siegal ruling that police usage of thermal imaging technology to find a marijuana growing operation required a search warrant, four years before the U.S. Supreme Court ruled similarly in Kyllo v. United States in a decision written by Justice Antonin Scalia.[2] In 2010, Nelson wrote the court's unanimous opinion striking down a court rule that had previously prohibited the inclusion of forensic evidence because the medical examiner could not determine the cause of death. Nelson's ruling made it easier for prosecutors to introduce evidence against defendants by discussing past crimes, behaviors, and events. In this particular case, Nelson's ruling enabled prosecutors to bring in evidence of an infant's brain bruising and multiple rib fractures in prosecuting the infant's mother for murder.[5][6]

Personal life

Nelson and his wife, Chari, have two children, Mary Pat and Jay, and four grandchildren.[2]

See also

References

  1. 1.0 1.1 1.2 1.3 1.4 "Justice James C. Nelson". Courts of Montana. Archived from the original on March 10, 2015. Retrieved April 12, 2011.
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Cary Griffith. "James C. Nelson – Justice, Montana Supreme Court". Law Crossing. Retrieved April 12, 2011.
  3. "President George W. Bush-Campaign Organization". George Washington University. March 25, 2006. Retrieved April 12, 2011.
  4. "Marc Racicot". The Montanan. University of Montana. Winter 2004. Retrieved April 12, 2011.
  5. Jodi Hausen (December 16, 2010). "Murder trial gets second life with Montana Supreme Court ruling". Bozeman Daily Chronicle.
  6. "Montana Supreme Court allows prosecution of woman accused of killing infant daughter". Missoulian. Associated Press. December 16, 2010.

External links

Legal offices
Preceded by Justice of the Montana Supreme Court
May 1993–2012
Succeeded by