The Montana Supreme Court recently issued a ruling in the case of State v. Kevin Earl Morris, affirming some aspects of his conviction and reversing others. Morris was convicted of Sexual Intercourse Without Consent and Solicitation of Tampering with Physical Evidence in 2021. The court's decision, released on July 7, 2026, addresses significant legal questions regarding the admissibility of evidence related to the victim's past sexual history and the conditions of Morris’s probation.
This ruling impacts Morris, who has been appealing his convictions and the conditions placed on his probation. The court's decision is crucial as it clarifies the application of rape shield laws and the rights of defendants in sexual assault cases.
Background
The case began in December 2019 when Kevin Morris moved in with a couple, JB and BB, who were both certified nursing assistants. On February 7, 2020, BB reported to the police that Morris had raped her the previous day. During the investigation, Morris admitted to having intercourse with BB but claimed it was consensual. Following this, he faced charges for Sexual Intercourse Without Consent and Solicitation of Tampering with Evidence.
Before the trial, the State filed a motion to exclude evidence concerning BB's past sexual history, citing Montana's rape shield law. Morris sought to present evidence suggesting BB had previously made false allegations of rape. However, the District Court denied his request for a hearing to discuss this evidence, leading to his appeal.
The Ruling
The Montana Supreme Court, led by Chief Justice Cory J. Swanson, ruled on two main issues. First, the court affirmed the District Court's application of the rape shield law, which precludes the introduction of evidence regarding a victim's past sexual conduct. The court stated, "The rape shield statute is designed to prevent the trial of the charge against the defendant from becoming a trial of the victim’s prior sexual conduct."
Secondly, the court addressed the probation conditions imposed on Morris, specifically those limiting his contact with minors. The court found that the District Court had acted within its discretion in imposing these conditions, stating that they were reasonable given the nature of Morris's offenses. However, the court also noted that some conditions might need further review.
Impact
This ruling has significant implications for how evidence is handled in sexual assault cases in Montana. By affirming the rape shield law's application, the court reinforced the protections for victims against invasive questioning about their sexual history. This decision emphasizes the importance of balancing a defendant's right to a fair trial with the need to protect victims from potential harassment during legal proceedings.
Moreover, the ruling on probation conditions sets a precedent for how courts may impose restrictions on individuals convicted of sexual offenses, particularly regarding their interactions with minors. This could influence future cases and the conditions set during sentencing.
What’s Next
Morris may seek to appeal this decision to the United States Supreme Court, although it is unclear if he will pursue that route. There are no related cases pending that could directly influence this ruling, but the implications of this case may resonate in future legal discussions surrounding sexual assault laws and victims' rights in Montana.











