The Montana Supreme Court won’t send Brian Holm’s case back to Missoula County District Court but is willing to hear his arguments on appeal.
Holm was convicted of killing tourist Brian Beaver while driving under the influence on Missoula’s Brooks Street in November 2010.
Beaver, of Aberdeen, Wash., was on his way with friends to visit Yellowstone National Park. Holm’s blood-alcohol content measured 0.10, over the limit of 0.08, and he had also ingested prescription drugs.
Shortly after he was sentenced to 30 years in prison with 15 suspended, Holm asked Missoula District Judge Dusty Deschamps to set aside the verdict in the case and return his driver’s license.
Deschamps denied those motions and the 52-year-old Holm filed a notice of appeal.
Then, instead of actually moving forward with the appeal, he asked the high court to hold his appeal in abeyance and force Deschamps to reconsider his previous decisions.
Holm has filed notice of his intent to appeal his conviction but has not actually filed. He remains free pending appeal, though Deschamps has told him that he’s grown weary of Holm’s request to be able to drive.
Despite the fact that he’d been drinking and taking an array of prescription drugs, Holm claimed there was no proof beyond a reasonable doubt that his ability to drive was affected.
At trial, however, it was determined that Holm’s northbound car crossed the southbound lanes of Brooks before hitting and killing Beaver.