Barker test (Montana) · Go Syfert
← Montana issues

Barker test in Montana

40 Montana opinions name it 1 courts 1975–2020 0 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Barker v. Wingogreen
scotus · 1972 · cited in 13 Montana opinions naming this issue, 1979–2020
2 sentences

2020However, “[s]o long as the defendant asserts his right to a speedy trial by a motion to dismiss on speedy trial grounds filed prior to the time of trial, we conclude that the defendant has satisfied the third-prong of the Barker test and that further analysis of that prong is not only unnecessary, but inappropriate.” Ariegwe, ¶ 137; see generally Barker v. Wingo, 407 U.S. 514 , 92 S. Ct. 2182 . ¶13 Chambers asserted his speedy trial right when he filed a pro se motion to dismiss in June 2017, which was refiled in December 2017 after counsel was appointed.

2020However, “[s]o long as the defendant asserts his right to a speedy trial by a motion to dismiss on speedy trial grounds filed prior to the time of trial, we conclude that the defendant has satisfied the third-prong of the Barker test and that further analysis of that prong is not only unnecessary, but inappropriate.” Ariegwe, ¶ 137; see generally Barker v. Wingo, 407 U.S. 514 , 92 S. Ct. 2182 . ¶13 Chambers asserted his speedy trial right when he filed a pro se motion to dismiss in June 2017, which was refiled in December 2017 after counsel was appointed.

413
State v. Thompsongreen
mont · 1993 · cited in 7 Montana opinions naming this issue, 1994–1997
2 sentences

1994Thompson, 865 P.2d at 1134-35 . *68 In assessing the second factor of the Barker test, the United States Supreme Court in Loud Hawk noted that different weights should be assigned to different reasons for delay, and that “[g]iven the important public interests in appellate review,... it hardly need be said that an interlocutory appeal by the Government ordinarily is a valid reason that justifies delay.” Loud Hawk, 474 U.S. at 315 , 106 S.Ct. at 656 , 88 L.Ed.2d at 654 .

1994Thompson, 865 P.2d at 1134-35 . *68 In assessing the second factor of the Barker test, the United States Supreme Court in Loud Hawk noted that different weights should be assigned to different reasons for delay, and that “[g]iven the important public interests in appellate review,... it hardly need be said that an interlocutory appeal by the Government ordinarily is a valid reason that justifies delay.” Loud Hawk, 474 U.S. at 315 , 106 S.Ct. at 656 , 88 L.Ed.2d at 654 .

47
State v. Williams-Ruschgreen
mont · 1996 · cited in 4 Montana opinions naming this issue, 1997–2001
2 sentences

1997We have also indicated that the anxiety and concern to be considered under the Barker test is that which was “aggravated as a result of the delay.” Williams-Rusch, 928 P.2d at 178 . “[S]ince it is nearly impossible for the State to prove that anxiety and concern do not exist, the State’s burden to show a lack of anxiety becomes considerably lighter in the absence of more than marginal evidence of anxiety.” Williams-Rusch, 928 P.2d at 178 .

1997We have also indicated that the anxiety and concern to be considered under the Barker test is that which was “aggravated as a result of the delay.” Williams-Rusch, 928 P.2d at 178 . “[S]ince it is nearly impossible for the State to prove that anxiety and concern do not exist, the State’s burden to show a lack of anxiety becomes considerably lighter in the absence of more than marginal evidence of anxiety.” Williams-Rusch, 928 P.2d at 178 .

34
City of Billings v. Brucegreen
mont · 1998 · cited in 4 Montana opinions naming this issue, 1998–2007
2 sentences

2001See, e.g., City of Billings v. Bruce, 1998 MT 186, ¶ 19 , 290 Mont. 148, ¶ 19 , 965 P.2d 866, ¶ 19 (citations omitted). ¶21 The Barker test offers four criteria for a court’s consideration: (1) the length of the delay; (2) the reason for the delay; (3) the assertion of the right to a speedy trial by the defendant; and (4) the prejudice to the defense.

2001See, e.g., City of Billings v. Bruce, 1998 MT 186, ¶ 19 , 290 Mont. 148, ¶ 19 , 965 P.2d 866, ¶ 19 (citations omitted). ¶21 The Barker test offers four criteria for a court’s consideration: (1) the length of the delay; (2) the reason for the delay; (3) the assertion of the right to a speedy trial by the defendant; and (4) the prejudice to the defense.

24
State v. Heffernangreen
mont · 1991 · cited in 2 Montana opinions naming this issue, 1998–2001
2 sentences

2001See State v. Heffernan (1991), 248 Mont. 67, 73 , 809 P.2d 566, 569 (citing Barker, 407 U.S. at 529 , 92 S.Ct. at 2191 ).

2001See State v. Heffernan (1991), 248 Mont. 67, 73 , 809 P.2d 566, 569 (citing Barker, 407 U.S. at 529 , 92 S.Ct. at 2191 ).

22
State v. Gouldgreen
mont · 1995 · cited in 3 Montana opinions naming this issue, 1996–1996
2 sentences

1996State v. Gould, (1995), 273 Mont. 207, 213-15 , 902 P.2d 532, 537 .

1996State v. Gould, (1995), 273 Mont. 207, 213-15 , 902 P.2d 532, 537 .

13
State v. Olmstedgreen
mont · 1998 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

11
State v. Highpinegreen
mont · 2000 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007State v. Johnson, 2000 MT 180, ¶ 14 , 300 Mont. 367, ¶ 14 , 4 P.3d 654, ¶ 14 (“No single factor of the Barker test is indispensable or dispositive.” (internal quotation marks omitted)); State v. Highpine, 2000 MT 368, ¶ 14 , 303 Mont. 422, ¶ 14 , 15 P.3d 938, ¶ 14 (“Because no single factor is by itself decisive, courts must still engage in a difficult and sensitive balancing process.” (internal quotation marks omitted)), and we now reaffirm that none of the foregoing four factors is either a necessary or a sufficient condition to the legal conclusion that the accused has been deprived of the

2007State v. Johnson, 2000 MT 180, ¶ 14 , 300 Mont. 367, ¶ 14 , 4 P.3d 654, ¶ 14 (“No single factor of the Barker test is indispensable or dispositive.” (internal quotation marks omitted)); State v. Highpine, 2000 MT 368, ¶ 14 , 303 Mont. 422, ¶ 14 , 15 P.3d 938, ¶ 14 (“Because no single factor is by itself decisive, courts must still engage in a difficult and sensitive balancing process.” (internal quotation marks omitted)), and we now reaffirm that none of the foregoing four factors is either a necessary or a sufficient condition to the legal conclusion that the accused has been deprived of the

11
State v. Fosheegreen
mont · 1997 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

11
State v. Johnsongreen
mont · 2000 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007State v. Johnson, 2000 MT 180, ¶ 14 , 300 Mont. 367, ¶ 14 , 4 P.3d 654, ¶ 14 (“No single factor of the Barker test is indispensable or dispositive.” (internal quotation marks omitted)); State v. Highpine, 2000 MT 368, ¶ 14 , 303 Mont. 422, ¶ 14 , 15 P.3d 938, ¶ 14 (“Because no single factor is by itself decisive, courts must still engage in a difficult and sensitive balancing process.” (internal quotation marks omitted)), and we now reaffirm that none of the foregoing four factors is either a necessary or a sufficient condition to the legal conclusion that the accused has been deprived of the

2007State v. Johnson, 2000 MT 180, ¶ 14 , 300 Mont. 367, ¶ 14 , 4 P.3d 654, ¶ 14 (“No single factor of the Barker test is indispensable or dispositive.” (internal quotation marks omitted)); State v. Highpine, 2000 MT 368, ¶ 14 , 303 Mont. 422, ¶ 14 , 15 P.3d 938, ¶ 14 (“Because no single factor is by itself decisive, courts must still engage in a difficult and sensitive balancing process.” (internal quotation marks omitted)), and we now reaffirm that none of the foregoing four factors is either a necessary or a sufficient condition to the legal conclusion that the accused has been deprived of the

11
State v. Mooneygreen
mont · 2006 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

2007For this reason, we overrule our statements to the contrary in State v. Olmsted, 1998 MT 301, ¶ 55 , 292 Mont. 66, ¶ 55 , 968 P.2d 1154, ¶ 55 (“The fourth factor of the Barker test, prejudice to the defendant, must be demonstrated by the defendant before there is a speedy trial violation.”), State v. Foshee, 282 Mont. 326, 333 , 938 P.2d 601, 605 (1997) (“A criminal defendant must somehow show that he or she has been prejudiced by the delay before this Court will hold that the State has violated his or her right to a speedy trial.”), and State v. Mooney, 2006 MT 121, ¶ 17 , 332 Mont. 249, ¶ 17

11
State v. Sandersgreen
mont · 1973 · cited in 1 Montana opinions naming this issue, 1998–1998
2 sentences

1998See State v. Sanders (1973), 163 Mont. 209, 214 , 516 P.2d 372, 375 .

1998See State v. Sanders (1973), 163 Mont. 209, 214 , 516 P.2d 372, 375 .

11
State v. Watersgreen
mont · 1987 · cited in 1 Montana opinions naming this issue, 1998–1998
2 sentences

1998See State v. Waters (1987), 228 Mont. 490, 494 , 743 P.2d 617, 620 .

1998See State v. Waters (1987), 228 Mont. 490, 494 , 743 P.2d 617, 620 .

11
State v. Weeksgreen
mont · 1995 · cited in 1 Montana opinions naming this issue, 1998–1998
2 sentences

1998See Weeks, 270 Mont. at 72 , 891 P.2d at 482 ; Moore, 268 Mont. at 67 , 885 P.2d at 486 .

1998See Weeks, 270 Mont. at 72 , 891 P.2d at 482 ; Moore, 268 Mont. at 67 , 885 P.2d at 486 .

11
Massey v. Georgiagreen
scotus · 1971 · cited in 1 Montana opinions naming this issue, 1997–1997
2 sentences

1997See Barker, 407 U.S. at 530 , 92 S. Ct. at 2192 , 33 L.

1997See Barker, 407 U.S. at 530 , 92 S. Ct. at 2192 , 33 L.

11
State v. Bullockgreen
mont · 1995 · cited in 1 Montana opinions naming this issue, 1996–1996
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (36)

CaseCitedYears
State ex rel. Briceno v. District Court of the Thirteenth Judicial District ex rel. County of Yellowstone neutral
mont · 1977
2 sentences

1996Briceno v. District Court (1977), 173 Mont. 516, 518 , 568 P.2d 162 , 163-64.

1996Briceno v. District Court (1977), 173 Mont. 516, 518 , 568 P.2d 162 , 163-64.

101986–1996
State Ex Rel. Briceno v. DIST. CT. OF 13TH JUD. DIST. ETC. neutral
mont · 1977
2 sentences

1996Briceno v. District Court (1977), 173 Mont. 516, 518 , 568 P.2d 162 , 163-64.

1996Briceno v. District Court (1977), 173 Mont. 516, 518 , 568 P.2d 162 , 163-64.

101986–1996
State v. Tweedy green
mont · 1996
2 sentences

2000No single factor of the Barker test is “indispensable or dispositive.” Tweedy, 277 Mont, at 320 , 922 P.2d at 1138 ; accord Bruce, ¶ 75.

2000No single factor of the Barker test is “indispensable or dispositive.” Tweedy, 277 Mont, at 320 , 922 P.2d at 1138 ; accord Bruce, ¶ 75.

31996–2000
State v. Collier green
mont · 1996
2 sentences

1998See State v. Williams-Rusch (1996), 279 Mont. 437, 449 , 928 P.2d 169, 176-77 ; State v. Collier (1996), 277 Mont. 46, 54 , 919 P.2d 376, 382 . ¶24 Although we have been consistent in our statements that a delay sufficient to trigger further analysis also creates a presumption of prejudice, we have likewise been inconsistent in our application of that presumption. ¶25 We first discussed the effect of presumptive prejudice in Fitzpatrick, 165 Mont. at 388 , 528 P.2d at 1326 , where we were concerned with a delay of seven months.

1998See State v. Williams-Rusch (1996), 279 Mont. 437, 449 , 928 P.2d 169, 176-77 ; State v. Collier (1996), 277 Mont. 46, 54 , 919 P.2d 376, 382 . ¶24 Although we have been consistent in our statements that a delay sufficient to trigger further analysis also creates a presumption of prejudice, we have likewise been inconsistent in our application of that presumption. ¶25 We first discussed the effect of presumptive prejudice in Fitzpatrick, 165 Mont. at 388 , 528 P.2d at 1326 , where we were concerned with a delay of seven months.

31996–1998
State v. Mooney green
mont · 1991
2 sentences

1993In State v. Mooney (1991), 248 Mont. 115, 119 , 809 P.2d 591, 594 , we said that a failure to object to a lack of a speedy trial until four days prior to trial showed a lack of actual interest in moving the case forward to trial and should be considered in balancing the Barker factors.

1993In State v. Mooney (1991), 248 Mont. 115, 119 , 809 P.2d 591, 594 , we said that a failure to object to a lack of a speedy trial until four days prior to trial showed a lack of actual interest in moving the case forward to trial and should be considered in balancing the Barker factors.

31993–1996
State ex rel. Thomas v. District Court neutral
mont · 1968
2 sentences

2007Thomas v. District Court, 151 Mont. 1 , 438 P.2d 554 (1968), based on an earlier listing of those factors in United States v. Simmons, 338 F.2d 804 (2nd Cir. 1964).

2007Thomas v. District Court, 151 Mont. 1 , 438 P.2d 554 (1968), based on an earlier listing of those factors in United States v. Simmons, 338 F.2d 804 (2nd Cir. 1964).

21975–2007
United States v. Carnie Simmons, A/K/A Harold green
ca2 · 1964
2 sentences

2007Thomas v. District Court, 151 Mont. 1 , 438 P.2d 554 (1968), based on an earlier listing of those factors in United States v. Simmons, 338 F.2d 804 (2nd Cir. 1964).

2007Thomas v. District Court, 151 Mont. 1 , 438 P.2d 554 (1968), based on an earlier listing of those factors in United States v. Simmons, 338 F.2d 804 (2nd Cir. 1964).

21975–2007
State v. Steward green
mont · 1975
2 sentences

2007Indeed, in State v. Steward, 168 Mont. 385 , 543 P.2d 178 (1975), we explained that this Court had adopted the Barker factors in State ex rel.

2007Indeed, in State v. Steward, 168 Mont. 385 , 543 P.2d 178 (1975), we explained that this Court had adopted the Barker factors in State ex rel.

21979–2007
State v. Rose green
mont · 2006
1 sentence

2009The evidence of Patrick’s previous assault was offered for the proper purpose of establishing notice, and the expert testimony assisted the jury in understanding the evidence. ¶22 The District Court imposed a legal sentence within statutory parameters, and Patrick’s arguments concerning the equity of the sentence must be presented to the Sentence Review Division. 5 ¶23 We review for an abuse of discretion a district court’s decision concerning appointment of counsel, State v. Rose, 2009 MT 4 , 348 Mont. 291 , 202 P.3d 749 , and evidentiary rulings, including rulings on the admission of other a

12009–2009
State v. Rose green
mont · 2009
2 sentences

2009The evidence of Patrick’s previous assault was offered for the proper purpose of establishing notice, and the expert testimony assisted the jury in understanding the evidence. ¶22 The District Court imposed a legal sentence within statutory parameters, and Patrick’s arguments concerning the equity of the sentence must be presented to the Sentence Review Division. 5 ¶23 We review for an abuse of discretion a district court’s decision concerning appointment of counsel, State v. Rose, 2009 MT 4 , 348 Mont. 291 , 202 P.3d 749 , and evidentiary rulings, including rulings on the admission of other a

2009The evidence of Patrick’s previous assault was offered for the proper purpose of establishing notice, and the expert testimony assisted the jury in understanding the evidence. ¶22 The District Court imposed a legal sentence within statutory parameters, and Patrick’s arguments concerning the equity of the sentence must be presented to the Sentence Review Division. 5 ¶23 We review for an abuse of discretion a district court’s decision concerning appointment of counsel, State v. Rose, 2009 MT 4 , 348 Mont. 291 , 202 P.3d 749 , and evidentiary rulings, including rulings on the admission of other a

12009–2009
State ex rel. Sanford v. District Court of the Thirteenth Judicial District ex rel. County of Carbon neutral
mont · 1976
2 sentences

1998While earlier decisions placed greater emphasis on the length of delay without regard to demonstrable prejudice, see, e.g., Sanford, 170 Mont. 196 , 551 P.2d 1005 , later decisions have placed greater emphasis on the defendant’s failure to demonstrate prejudice regardless of the length of delay.

1998While earlier decisions placed greater emphasis on the length of delay without regard to demonstrable prejudice, see, e.g., Sanford, 170 Mont. 196 , 551 P.2d 1005 , later decisions have placed greater emphasis on the defendant’s failure to demonstrate prejudice regardless of the length of delay.

11998–1998
Fitzpatrick v. Crist green
mont · 1974
2 sentences

1998See State v. Williams-Rusch (1996), 279 Mont. 437, 449 , 928 P.2d 169, 176-77 ; State v. Collier (1996), 277 Mont. 46, 54 , 919 P.2d 376, 382 . ¶24 Although we have been consistent in our statements that a delay sufficient to trigger further analysis also creates a presumption of prejudice, we have likewise been inconsistent in our application of that presumption. ¶25 We first discussed the effect of presumptive prejudice in Fitzpatrick, 165 Mont. at 388 , 528 P.2d at 1326 , where we were concerned with a delay of seven months.

1998See State v. Williams-Rusch (1996), 279 Mont. 437, 449 , 928 P.2d 169, 176-77 ; State v. Collier (1996), 277 Mont. 46, 54 , 919 P.2d 376, 382 . ¶24 Although we have been consistent in our statements that a delay sufficient to trigger further analysis also creates a presumption of prejudice, we have likewise been inconsistent in our application of that presumption. ¶25 We first discussed the effect of presumptive prejudice in Fitzpatrick, 165 Mont. at 388 , 528 P.2d at 1326 , where we were concerned with a delay of seven months.

11998–1998
State Ex Rel. Sanford v. DISTRICT CT., 13TH JD neutral
mont · 1976
2 sentences

1998While earlier decisions placed greater emphasis on the length of delay without regard to demonstrable prejudice, see, e.g., Sanford, 170 Mont. 196 , 551 P.2d 1005 , later decisions have placed greater emphasis on the defendant’s failure to demonstrate prejudice regardless of the length of delay.

1998While earlier decisions placed greater emphasis on the length of delay without regard to demonstrable prejudice, see, e.g., Sanford, 170 Mont. 196 , 551 P.2d 1005 , later decisions have placed greater emphasis on the defendant’s failure to demonstrate prejudice regardless of the length of delay.

11998–1998
State v. Moore red
mont · 1994
2 sentences

1998See Weeks, 270 Mont. at 72 , 891 P.2d at 482 ; Moore, 268 Mont. at 67 , 885 P.2d at 486 .

1998See Weeks, 270 Mont. at 72 , 891 P.2d at 482 ; Moore, 268 Mont. at 67 , 885 P.2d at 486 .

11998–1998
State v. Matthews green
mont · 1995
2 sentences

1997Williams-Rusch, *473 928 P.2d at 176 ; Matthews, 894 P.2d at 287 .

1997Williams-Rusch, *473 928 P.2d at 176 ; Matthews, 894 P.2d at 287 .

11997–1997
State v. Barker green
mont · 1993
11996–1996
State v. Atkins green
mont · 1996
11996–1996
State v. Hagberg green
mont · 1996
11996–1996
State v. Mantz green
mont · 1994
11995–1995
United States v. Loud Hawk green
scotus · 1986
11994–1994
State v. Morris green
mont · 1988
11994–1994
State v. Hembd green
mont · 1992
11993–1993
John J. Carden, A/K/A James J. Carden, and Gloria (Eusek) Carden v. State of Montana green
ca9 · 1980
11991–1991
Bowcut v. Jaarsma neutral
ariz · 1982
11991–1991
State v. Carden green
mont · 1977
11991–1991
State v. Ackley green
mont · 1982
11991–1991
State v. Palmer green
mont · 1986
11991–1991
State v. Hall green
mont · 1990
11991–1991
First American National Bank of Nashville v. Scarboro green
scotus · 1980
11991–1991
Schneider v. Bowes green
scotus · 1980
11991–1991
Premo Pharmaceutical Laboratories, Inc. v. Eli Lilly & Co. green
scotus · 1980
11991–1991
State v. Larson green
mont · 1981
11982–1982
State v. Tiedemann green
mont · 1978
11979–1979
State v. Cassidy green
mont · 1978
11979–1979
State v. Bretz green
mont · 1979
11979–1979
State v. Collins green
mont · 1978
11979–1979

Statutes the citing opinions construe

MT § Mont. Code Ann. § 46-20-701 (4) MT § Mont. Code Ann. § 45-6-301 (3) MT § Mont. Code Ann. § 46-13-401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 484 (1995–2026) MS 239 (1986–2026) NM 229 (1987–2026) GA 151 (1976–2026) OH 134 (1985–2026) TN 95 (1987–2026) AL 76 (1977–2026) CA 71 (1980–2026) LA 68 (1983–2025) WA 49 (2009–2026) NJ 48 (1999–2026) KS 44 (1979–2026) NC 43 (1993–2026) MI 42 (2006–2026) MT 40 (1975–2020) IL 39 (1989–2025) ID 38 (1981–2025) WY 38 (1989–2023) IN 33 (1980–2026) MO 29 (1979–2025) DE 28 (1987–2026) PA 28 (1976–2025) MN 27 (1986–2025) CO 27 (1975–2026) MD 26 (1975–2024) KY 25 (1978–2026) VA 21 (1990–2025) WI 21 (1990–2026) VT 21 (1983–2025) RI 18 (1967–2015) UT 17 (1986–2026) AZ 17 (1982–2026) NH 16 (1985–2022) HI 15 (1981–2025) DC 13 (1977–2012) FL 12 (1982–2024) SC 11 (2009–2026) ME 11 (1981–2025) MA 10 (1982–2026) ND 9 (1994–2025) VI 8 (2010–2026) CT 8 (1987–2018) OR 8 (1977–2021) NV 8 (1983–2020) AK 6 (1991–2024) OK 5 (1994–2023) NE 4 (1999–2004) SD 3 (1994–2026) GU 3 (2025–2026) IA 3 (2001–2019) NY 3 (1896–2018) AR 2 (2004–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check