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27 Montana opinions name it 1 courts 1971–2010 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.
| Case | Followed | Cited |
|---|---|---|
Satterwhite v. Texasgreen2 sentences2000Before a federal constitutional error can be held harmless under Chapman , the reviewing “court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, 386 U.S. at 24 , 87 S.Ct. at 828 , 17 L.Ed.2d at 710-11 . ¶40 In Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , the U.S. Supreme Court distinguished between those Sixth Amendment transgressions that are subject to harmless error review and those violations that trigger a rule of automatic reversal: “We have permitted harmless error analysis in both capital and noncapital cases w 2000Before a federal constitutional error can be held harmless under Chapman , the reviewing “court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, 386 U.S. at 24 , 87 S.Ct. at 828 , 17 L.Ed.2d at 710-11 . ¶40 In Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , the U.S. Supreme Court distinguished between those Sixth Amendment transgressions that are subject to harmless error review and those violations that trigger a rule of automatic reversal: “We have permitted harmless error analysis in both capital and noncapital cases w | 2 | 2 |
Gas Products Co. v. Rankingreen2 sentences2008Along these same lines, we have stated that where the constitutionality of a governmental act affecting property rights is attacked under both the United States Constitution and the Montana Constitution, “we believe it to be our duty, irrespective of the holdings of other courts, to consider and apply the provisions of our own Constitution and general statutes thereto, and declare the rule of property for Montana.” Gas Products Co. v. Rankin, 63 Mont. 372, 388 , 207 P. 993, 997-98 (1922). 2008Along these same lines, we have stated that where the constitutionality of a governmental act affecting property rights is attacked under both the United States Constitution and the Montana Constitution, “we believe it to be our duty, irrespective of the holdings of other courts, to consider and apply the provisions of our own Constitution and general statutes thereto, and declare the rule of property for Montana.” Gas Products Co. v. Rankin, 63 Mont. 372, 388 , 207 P. 993, 997-98 (1922). | 2 | 2 |
Buckman v. Montana Deaconess Hospitalgreen2 sentences2008We have also said that “we will not reach a federal constitutional challenge unless and until the case may not be resolved on adequate and independent state grounds.” Buckman v. Montana Deaconess Hosp., 224 Mont. 318, 325 , 730 P.2d 380, 384 (1986). 2008We have also said that “we will not reach a federal constitutional challenge unless and until the case may not be resolved on adequate and independent state grounds.” Buckman v. Montana Deaconess Hosp., 224 Mont. 318, 325 , 730 P.2d 380, 384 (1986). | 2 | 2 |
Chapman v. Californiared2 sentences2008Before a federal constitutional error can be held harmless under Chapman , the reviewing court “must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, 386 U.S. at 24 , 87 S. Ct. at 828 . 2008Before a federal constitutional error can be held harmless under Chapman , the reviewing court “must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, 386 U.S. at 24 , 87 S. Ct. at 828 . | 1 | 16 |
Brecht v. Abrahamsongreen2 sentences2008Critically, “[t]he State bears the burden of proving that an error passes muster under this standard.” Brecht v. Abrahamson, 507 U.S. 619, 630 , 113 S. Ct. 1710, 1717 (1993); see also Chapman, 386 U.S. at 24 , 87 S. Ct. at 828 (“[T]he original common-law harmless-error rule put the burden on the beneficiary of the error either to prove that there was no injury or to suffer a reversal of his erroneously obtained judgment.”). ¶31 At the same time, the Supreme Court has recognized that “[s]ome constitutional violations ... by their very nature cast so much doubt on the fairness of the trial proce 2008Critically, “[t]he State bears the burden of proving that an error passes muster under this standard.” Brecht v. Abrahamson, 507 U.S. 619, 630 , 113 S. Ct. 1710, 1717 (1993); see also Chapman, 386 U.S. at 24 , 87 S. Ct. at 828 (“[T]he original common-law harmless-error rule put the burden on the beneficiary of the error either to prove that there was no injury or to suffer a reversal of his erroneously obtained judgment.”). ¶31 At the same time, the Supreme Court has recognized that “[s]ome constitutional violations ... by their very nature cast so much doubt on the fairness of the trial proce | 1 | 1 |
State v. Geraldgreen2 sentences1996Resort to a state-constitutional analysis is especially appropriate in light of the fact that “capital punishment is a matter of particular state interest or local concern and does not require a uniform national policy.” Gerald, 549 A.2d at 810-11 (citation omitted). 1996Resort to a state-constitutional analysis is especially appropriate in light of the fact that "capital punishment is a matter of particular state interest or local concern and does not require a uniform national policy." Gerald, 549 A.2d at 810-11 (citation omitted). | 1 | 1 |
Harrington v. Californiared2 sentences1979Chapman, 386 U.S. at 24 , 87 S.Ct. 824 ; see also Harrington v. California (1969), 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; Schneble v. Florida (1972), 405 U.S. 427 , 92 S.Ct. 1056 , 31 L.Ed.2d 340 . 1979Chapman, 386 U.S. at 24 , 87 S.Ct. 824 ; see also Harrington v. California (1969), 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; Schneble v. Florida (1972), 405 U.S. 427 , 92 S.Ct. 1056 , 31 L.Ed.2d 340 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fahy v. Connecticut
green
2 sentences1987“The federal constitutional test of harmless error is whether there *153 is a reasonable possibility that the evidence complained of might have contributed to the conviction.” State v. Roberts (Mont. 1981), 633 P.2d 1214, 1218 , 38 St.Rep. 1551 , 1555 citing Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 . 1987“The federal constitutional test of harmless error is whether there *153 is a reasonable possibility that the evidence complained of might have contributed to the conviction.” State v. Roberts (Mont. 1981), 633 P.2d 1214, 1218 , 38 St.Rep. 1551 , 1555 citing Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 . | 5 | 1981–1987 |
Oyler v. Boles
green
2 sentences1998Maldonado, 176 Mont. at 329 , 578 P.2d at 300 (citing Oyler v. Boles (1962), 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 ). 1998Maldonado, 176 Mont. at 329 , 578 P.2d at 300 (citing Oyler v. Boles (1962), 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 ). | 2 | 1978–1998 |
Brown v. MacDonald
neutral
2 sentences2010Brown v. McDonald, 2007 MT 197, ¶ 12 , 338 Mont. 390 , 165 P.3d 1125 (citations omitted). ¶59 [6] Griffith satisfies the first part of the § 1983 analysis because her federal constitutional right to free speech, as guaranteed by the First Amendment, was violated when she was prohibited from delivering her valedictory speech. 2010Brown v. McDonald, 2007 MT 197, ¶ 12 , 338 Mont. 390 , 165 P.3d 1125 (citations omitted). ¶59 [6] Griffith satisfies the first part of the § 1983 analysis because her federal constitutional right to free speech, as guaranteed by the First Amendment, was violated when she was prohibited from delivering her valedictory speech. | 1 | 2010–2010 |
State v. Maldonado
green
2 sentences1998State v. Maldonado (1978), 176 Mont. 322, 328-29 , 578 P.2d 296, 300 . “[T]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation” absent an allegation and showing that “the selection was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classifi cation” such as sex, or the exercise of the First Amendment right to free speech. 1998State v. Maldonado (1978), 176 Mont. 322, 328-29 , 578 P.2d 296, 300 . “[T]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation” absent an allegation and showing that “the selection was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classifi cation” such as sex, or the exercise of the First Amendment right to free speech. | 1 | 1998–1998 |
State v. Rothacher
green
2 sentences1996In State v. Rothacher (1995), 272 Mont. 303 , 901 P.2d 82 , we quoted with approval a 1967 United States Supreme Court case wherein that Court stated that “before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Rothacher, 901 P.2d at 87 (quoting Chapman v. California (1967), 386 U.S. 18,24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 ). 1996In State v. Rothacher (1995), 272 Mont. 303 , 901 P.2d 82 , we quoted with approval a 1967 United States Supreme Court case wherein that Court stated that “before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Rothacher, 901 P.2d at 87 (quoting Chapman v. California (1967), 386 U.S. 18,24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 ). | 1 | 1996–1996 |
James v. Kentucky
green
2 sentences1995James v. Kentucky (1984), 466 U.S. 341 , 104 S.Ct. 1830 , 80 L.Ed.2d 346 . 1995James v. Kentucky (1984), 466 U.S. 341 , 104 S.Ct. 1830 , 80 L.Ed.2d 346 . | 1 | 1995–1995 |
State v. Roberts
green
1 sentence1987“The federal constitutional test of harmless error is whether there *153 is a reasonable possibility that the evidence complained of might have contributed to the conviction.” State v. Roberts (Mont. 1981), 633 P.2d 1214, 1218 , 38 St.Rep. 1551 , 1555 citing Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 . | 1 | 1987–1987 |
Bordenkircher v. Hayes
green
2 sentences1984Within the limits set by the legislature’s constitutionally valid definition of chargeable offenses, ‘the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation’ so long as ‘the selection was [not] deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.’ (Citing cases)” Bordenkircher v. Hayes (1978), 434 U.S. 357, 364 , 98 S.Ct. 663 , 54 L.Ed.2d 604, 611 . 1984Within the limits set by the legislature’s constitutionally valid definition of chargeable offenses, ‘the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation’ so long as ‘the selection was [not] deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.’ (Citing cases)” Bordenkircher v. Hayes (1978), 434 U.S. 357, 364 , 98 S.Ct. 663 , 54 L.Ed.2d 604, 611 . | 1 | 1984–1984 |
State v. Howard
green
1 sentence1982Chapman v. California (1967), 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 .” 637 P.2d at 17-18 . | 1 | 1982–1982 |
Anderson v. Ball
green
1 sentence1981Chapman v. California (1967), 368 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 . | 1 | 1981–1981 |
Schneble v. Florida
green
2 sentences1979Chapman, 386 U.S. at 24 , 87 S.Ct. 824 ; see also Harrington v. California (1969), 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; Schneble v. Florida (1972), 405 U.S. 427 , 92 S.Ct. 1056 , 31 L.Ed.2d 340 . 1979Chapman, 386 U.S. at 24 , 87 S.Ct. 824 ; see also Harrington v. California (1969), 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; Schneble v. Florida (1972), 405 U.S. 427 , 92 S.Ct. 1056 , 31 L.Ed.2d 340 . | 1 | 1979–1979 |
Jackson v. Denno
green
2 sentences1971Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 . 1971Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 . | 1 | 1971–1971 |
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.
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.