Madison Judge Overrules Motion in Montoya Case

NORFOLK, NE — A Madison judge has overruled a motion to quash in the case of a Norfolk woman’s child abuse death case.

On Tuesday morning, Judge James Kube turned down Carla Montoya’s lawyer, Ron Temples motion to quash in it’s entirety.

The motion claims that the charges brought against Montoya were vague, facially invalid, violates her constitutional right to equal protection and due process and it inappropriately delegates the power to the executive branch of government to determine the penalty for her alleged criminal record.

If Montoya is found guilty of her 1B Felony child abuse charge she could face life in prison with a minimum of 20 years.

She will be back in court on December 8 at 1:00 p.m.

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