Trial Decisions—Constitutionality of Statutes

Statutes are presumed to be constitutional. A party challenging a statute's constitutionality must establish, "beyond a reasonable doubt, that the statute is unconstitutional, and any doubt must be resolved in favor of the statute."  State v. Michaud, 2008 MT 88, ¶ 15, 342 Mont. 244, 180 P.3d 636.  The constitutionality of a statute is a question of law, which we review for correctness.  State v. Knudson, 2007 MT 324, ¶ 12, 340 Mont. 167, 174 P.3d 469.  When reviewing a question of constitutional law, including the issue of whether a defendant's due process rights were violated, this Court reviews the district court's conclusion to determine whether its interpretation of the law was correct.  State v. Spady, 2015 MT 218, ¶ 12, 380 Mont. 179, 354 P.3d 590.