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23 Montana opinions name it 1 courts 1981–2024 3 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 |
|---|---|---|
Missouri v. Fryegreen2 sentences2017Missouri v. Frye, 566 U.S. 134, 148 , 132 S. Ct. 1399, 1410-11 (2012). ¶22 In 2013, we affirmed a district court dismissal of an ineffective assistance of counsel postconviction claim similar to Johnson’s claim. 2017Missouri v. Frye, 566 U.S. 134, 148 , 132 S. Ct. 1399, 1410-11 (2012). ¶22 In 2013, we affirmed a district court dismissal of an ineffective assistance of counsel postconviction claim similar to Johnson’s claim. | 1 | 1 |
McDonald v. Stategreen1 sentence2016McDonald, 220 Mont. at 521, 532 , 722 P.2d at 599, 606 . ¶33 In this case it seems it is not the standard itself that is fundamentally problematic to the parties, but it is the combination of Johnson’s proffered standard and its application to the number of irrigable acres that the Master utilized to determine the volume of the four rights. 9 It was these two independent elements that were used to generate the maximum volumes. 10 Regardless, we have not been asked *218 to determine whether the irrigable acreage within the place of use is correct, but to determine whether the volume quantificat | 1 | 1 |
State v. Bromgardgreen2 sentences2015State v. Bromgard, 285 Mont. 170, 175 , 948 P.2d 182, 185 (1997) (“A post-conviction relief procedure is civil in nature ... .”). 2015State v. Bromgard, 285 Mont. 170, 175 , 948 P.2d 182, 185 (1997) (“A post-conviction relief procedure is civil in nature ... .”). | 1 | 1 |
Richard K. Wells, K-2894 v. George Petsock, Superintendentgreen2 sentences2007See Wells v. Petsock, 941 F.2d 253, 257 (3rd Cir.1991) (observing that "[a]ll pretrial detention is not equally oppressive" and that "the seriousness of a deprivation of liberty due to pretrial incarceration will vary with the conditions of the defendant's confinement"); see also State v. Johnson, 2000 MT 180, ¶¶ 27-29 , 300 Mont. 367, ¶¶ 27-29 , 4 P.3d 654, ¶¶ 27-29 (assessing Johnson's claim that he was prejudiced by the inadequate medical treatment he allegedly received while incarcerated, and concluding that "[n]either the length nor the conditions of incarceration indicate that Johnson's 2007See Wells v. Petsock, 941 F.2d 253, 257 (3rd Cir. 1991) (observing that “[a]ll pretrial detention is not equally oppressive” and that “the seriousness of a deprivation of liberty due to pretrial incarceration will vary with the conditions of the defendant’s confinement”); see also State v. Johnson, 2000 MT 180, ¶¶ 27-29 , 300 Mont. 367, ¶¶ 27-29 , 4 P.3d 654, ¶¶ 27-29 (assessing Johnson’s claim that he was prejudiced by the inadequate medical treatment he allegedly received while incarcerated, and concluding that “[n]either the length nor the conditions of incarceration indicate that Johnson’s | 1 | 1 |
State v. Johnsongreen2 sentences2007See Wells v. Petsock, 941 F.2d 253, 257 (3rd Cir. 1991) (observing that “[a]ll pretrial detention is not equally oppressive” and that “the seriousness of a deprivation of liberty due to pretrial incarceration will vary with the conditions of the defendant’s confinement”); see also State v. Johnson, 2000 MT 180, ¶¶ 27-29 , 300 Mont. 367, ¶¶ 27-29 , 4 P.3d 654, ¶¶ 27-29 (assessing Johnson’s claim that he was prejudiced by the inadequate medical treatment he allegedly received while incarcerated, and concluding that “[n]either the length nor the conditions of incarceration indicate that Johnson’s 2007See Wells v. Petsock, 941 F.2d 253, 257 (3rd Cir. 1991) (observing that “[a]ll pretrial detention is not equally oppressive” and that “the seriousness of a deprivation of liberty due to pretrial incarceration will vary with the conditions of the defendant’s confinement”); see also State v. Johnson, 2000 MT 180, ¶¶ 27-29 , 300 Mont. 367, ¶¶ 27-29 , 4 P.3d 654, ¶¶ 27-29 (assessing Johnson’s claim that he was prejudiced by the inadequate medical treatment he allegedly received while incarcerated, and concluding that “[n]either the length nor the conditions of incarceration indicate that Johnson’s | 1 | 1 |
Albers v. Supreme Court of Montanagreen2 sentences2004See Goldstein v. Commission on Practice, 2000 MT 8, ¶ 27 , 297 Mont. 493, ¶ 27 , 995 P.2d 923, ¶ 27 , cert. denied sub nom Albers v. Supreme Court, 531 U.S. 918 , 121 S.Ct. 276 , 148 L.Ed.2d 201 (2000). 2004See Goldstein v. Commission on Practice, 2000 MT 8, ¶ 27 , 297 Mont. 493, ¶ 27 , 995 P.2d 923, ¶ 27 , cert. denied sub nom Albers v. Supreme Court, 531 U.S. 918 , 121 S.Ct. 276 , 148 L.Ed.2d 201 (2000). | 1 | 1 |
Goldstein v. Commission on Practice of the Supreme Courtgreen2 sentences2004See Goldstein v. Commission on Practice, 2000 MT 8, ¶ 27 , 297 Mont. 493, ¶ 27 , 995 P.2d 923, ¶ 27 , cert. denied sub nom Albers v. Supreme Court, 531 U.S. 918 , 121 S.Ct. 276 , 148 L.Ed.2d 201 (2000). 2004See Goldstein v. Commission on Practice, 2000 MT 8, ¶ 27 , 297 Mont. 493, ¶ 27 , 995 P.2d 923, ¶ 27 , cert. denied sub nom Albers v. Supreme Court, 531 U.S. 918 , 121 S.Ct. 276 , 148 L.Ed.2d 201 (2000). | 1 | 1 |
In Re the Marriage of Leegreen2 sentences2000See In re Marriage of Lee (1997), 282 Mont. 410 , 938 P.2d 650 . 2000See In re Marriage of Lee (1997), 282 Mont. 410 , 938 P.2d 650 . | 1 | 1 |
State v. Andersongreen2 sentences2000See State v. Anderson, 1999 MT 60, ¶ 7 , 293 Mont. 490, ¶ 7 , 977 P.2d 983, ¶ 7 . 2000See State v. Anderson, 1999 MT 60, ¶ 7 , 293 Mont. 490, ¶ 7 , 977 P.2d 983, ¶ 7 . | 1 | 1 |
State v. Sattlergreen2 sentences1998State v. Sattler, 1998 MT 57, ¶ 56 , [ 288 Mont. 79 ], 956 P.2d 54, ¶ 56 (citing State v. Richards (1995), 274 Mont 180, 184 , 906 P.2d 222, 224 ). 1998State v. Sattler, 1998 MT 57, ¶ 56 , [ 288 Mont. 79 ], 956 P.2d 54, ¶ 56 (citing State v. Richards (1995), 274 Mont 180, 184 , 906 P.2d 222, 224 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hall v. Big Sky Lumber & Supply, Inc.
green
2 sentences2024Johnson asserts this amounted to “improper legal maneuvering,” referencing our holding in Hall v. Big Sky Lumber & Supply, Inc., 261 Mont. 328 , 863 P.2d 389 (1993), that counsel cannot ask the court to exclude evidence and then take advantage of the other party’s inability to mention the evidence by implying it does not exist. 2024Johnson asserts this amounted to “improper legal maneuvering,” referencing our holding in Hall v. Big Sky Lumber & Supply, Inc., 261 Mont. 328 , 863 P.2d 389 (1993), that counsel cannot ask the court to exclude evidence and then take advantage of the other party’s inability to mention the evidence by implying it does not exist. | 1 | 2024–2024 |
State v. Moree
neutral
2 sentences2024State v. Pierce, 2016 MT 308, ¶ 17 , 385 Mont. 439 , 384 P.3d 1042 (citing State v. Moree, 2010 MT 148, ¶ 11 , 357 Mont. 24 , 235 P.3d 585 ). 2024State v. Pierce, 2016 MT 308, ¶ 17 , 385 Mont. 439 , 384 P.3d 1042 (citing State v. Moree, 2010 MT 148, ¶ 11 , 357 Mont. 24 , 235 P.3d 585 ). | 1 | 2024–2024 |
State v. Pierce
neutral
2 sentences2024State v. Pierce, 2016 MT 308, ¶ 17 , 385 Mont. 439 , 384 P.3d 1042 (citing State v. Moree, 2010 MT 148, ¶ 11 , 357 Mont. 24 , 235 P.3d 585 ). 2024State v. Pierce, 2016 MT 308, ¶ 17 , 385 Mont. 439 , 384 P.3d 1042 (citing State v. Moree, 2010 MT 148, ¶ 11 , 357 Mont. 24 , 235 P.3d 585 ). | 1 | 2024–2024 |
State v. Chelsea Strom
green
2 sentences2023Following this ruling, the parties entered into a plea agreement whereby Johnson retained his rights of appeal. ¶7 “‘We review a denial of a motion to suppress to determine whether the lower court’s findings of fact were clearly erroneous and whether it correctly applied the law to those findings.’” State v. Emerson, 2015 MT 254, ¶ 12 , 380 Mont. 487 , 355 P.3d 763 (quoting State v. Strom, 2014 MT 234, ¶ 8 , 376 Mont. 277 , 333 P.3d 218 ). 2023Following this ruling, the parties entered into a plea agreement whereby Johnson retained his rights of appeal. ¶7 “‘We review a denial of a motion to suppress to determine whether the lower court’s findings of fact were clearly erroneous and whether it correctly applied the law to those findings.’” State v. Emerson, 2015 MT 254, ¶ 12 , 380 Mont. 487 , 355 P.3d 763 (quoting State v. Strom, 2014 MT 234, ¶ 8 , 376 Mont. 277 , 333 P.3d 218 ). | 1 | 2023–2023 |
Runyon Ex Rel. BR v. AVCP
green
2 sentences2023The tenth factor considered the financial relationship between the entity and the tribe and whether a judgment against the entity would affect tribal assets, just as the Supreme Court of Alaska had done in Runyon v. Association of Village Council Presidents, 84 P.3d 437 (Alaska 2004). 2023The tenth factor considered the financial relationship between the entity and the tribe and whether a judgment against the entity would affect tribal assets, just as the Supreme Court of Alaska had done in Runyon v. Association of Village Council Presidents, 84 P.3d 437 (Alaska 2004). | 1 | 2023–2023 |
State v. Emerson
neutral
2 sentences2023Following this ruling, the parties entered into a plea agreement whereby Johnson retained his rights of appeal. ¶7 “‘We review a denial of a motion to suppress to determine whether the lower court’s findings of fact were clearly erroneous and whether it correctly applied the law to those findings.’” State v. Emerson, 2015 MT 254, ¶ 12 , 380 Mont. 487 , 355 P.3d 763 (quoting State v. Strom, 2014 MT 234, ¶ 8 , 376 Mont. 277 , 333 P.3d 218 ). 2023Following this ruling, the parties entered into a plea agreement whereby Johnson retained his rights of appeal. ¶7 “‘We review a denial of a motion to suppress to determine whether the lower court’s findings of fact were clearly erroneous and whether it correctly applied the law to those findings.’” State v. Emerson, 2015 MT 254, ¶ 12 , 380 Mont. 487 , 355 P.3d 763 (quoting State v. Strom, 2014 MT 234, ¶ 8 , 376 Mont. 277 , 333 P.3d 218 ). | 1 | 2023–2023 |
Gyme Kelly v. State
green
2 sentences2017Kelly v. State, 2013 MT 21, ¶ 13 , 368 Mont. 309 , 300 P.3d 120 (affirming dismissal of non-disclosure of plea offer claim without hearing due to lack of proof). 2017Kelly v. State, 2013 MT 21, ¶ 13 , 368 Mont. 309 , 300 P.3d 120 (affirming dismissal of non-disclosure of plea offer claim without hearing due to lack of proof). | 1 | 2017–2017 |
State v. Hausauer
green
2 sentences2014State v. Hausauer, 2006 MT 336, ¶ 20 , 335 Mont. 137 , 149 P.3d 895 . 2014State v. Hausauer, 2006 MT 336, ¶ 20 , 335 Mont. 137 , 149 P.3d 895 . | 1 | 2014–2014 |
Lockhead v. Weinstein
green
2 sentences2012Lockhead v. Weinstein, 2001 MT 132, ¶ 5 , 305 Mont. 438 , 28 P.3d 1081 . 2012Lockhead v. Weinstein, 2001 MT 132, ¶ 5 , 305 Mont. 438 , 28 P.3d 1081 . | 1 | 2012–2012 |
State v. Bristow
green
2 sentences2008Johnson claims the District Court abused its discretion in admitting the photographs because the existence of bodily injury to Heltne was not disputed. ¶15 Relying on State v. Bristow, 267 Mont. 170 , 882 P.2d 1041 (1994), Johnson contends that introduction of the photographs was per se prejudicial because they were inherently inflammatory. 2008Johnson claims the District Court abused its discretion in admitting the photographs because the existence of bodily injury to Heltne was not disputed. ¶15 Relying on State v. Bristow, 267 Mont. 170 , 882 P.2d 1041 (1994), Johnson contends that introduction of the photographs was per se prejudicial because they were inherently inflammatory. | 1 | 2008–2008 |
Cole v. Flathead County
green
2 sentences2002Rule 2(b) provides, in relevant part, that: “[f]ailure to file an answer brief by the adverse party within ten days shall be deemed an admission that the motion is well taken.” On appeal, Johnson maintains that pursuant to Rule 2(b) of the Uniform District Court Rules, the District Court erred when it denied his motion for summary judgment. 12 ¶34 The District Court denied Johnson’s summary judgment motion based upon our decision in Cole v. Flathead County (1989), 236 Mont. 412 , 771 P.2d 97 . 2002Rule 2(b) provides, in relevant part, that: “[f]ailure to file an answer brief by the adverse party within ten days shall be deemed an admission that the motion is well taken.” On appeal, Johnson maintains that pursuant to Rule 2(b) of the Uniform District Court Rules, the District Court erred when it denied his motion for summary judgment. 12 ¶34 The District Court denied Johnson’s summary judgment motion based upon our decision in Cole v. Flathead County (1989), 236 Mont. 412 , 771 P.2d 97 . | 1 | 2002–2002 |
Koopman Ex Rel. Koopman v. Fremont County School District No. 1
green
1 sentence2001Koopman, 911 P.2d at 1053 . ¶26 Relying primarily on language from Koopman , the District Court concluded that Johnson's claim alleging discrimination in public education was first subject to the IDEA'S administrative exhaustion requirements: Certainly the policy behind the mandate of exhaustion under the IDEA-that disputes be first pursued through the administrative agency primarily responsible for addressing the educational needs of and preventing discrimination against the special student-is particularly relevant in circumstances such as this. ¶27 We disagree with the District Court's concl | 1 | 2001–2001 |
State v. Tweedy
green
2 sentences2001State v. Tweedy (1996), 277 Mont. 313, 315 , 922 P.2d 1134, 1135 . 2001State v. Tweedy (1996), 277 Mont. 313, 315 , 922 P.2d 1134, 1135 . | 1 | 2001–2001 |
In Re the Marriage of Syverson
green
2 sentences2001Since Johnson was arrested pursuant to § 46-23-1012(2), MCA (1999), the District Court initiated revocation proceedings pursuant to § 46-23-1013, MCA (1999). ¶13 On appeal, Johnson cites In re Marriage of Syverson (1997), 281 Mont. 1, 19 , 931 P.2d 691, 702 , for the proposition that this Court has a duty to look beyond the language of a statute if its literal application would compel an odd result. 2001Since Johnson was arrested pursuant to § 46-23-1012(2), MCA (1999), the District Court initiated revocation proceedings pursuant to § 46-23-1013, MCA (1999). ¶13 On appeal, Johnson cites In re Marriage of Syverson (1997), 281 Mont. 1, 19 , 931 P.2d 691, 702 , for the proposition that this Court has a duty to look beyond the language of a statute if its literal application would compel an odd result. | 1 | 2001–2001 |
Montana v. Sage
green
2 sentences2000State v. Rushton (1994), 264 Mont. 248, 254-55 , 870 P.2d 1355, 1359 ; State v. Sage (1992), 255 Mont. 227, 229 , 841 P.2d 1142, 1143 . 2000State v. Rushton (1994), 264 Mont. 248, 254-55 , 870 P.2d 1355, 1359 ; State v. Sage (1992), 255 Mont. 227, 229 , 841 P.2d 1142, 1143 . | 1 | 2000–2000 |
State v. Matthews
green
2 sentences2000State v. Matthews (1995), 271 Mont. 24, 27 , 894 P.2d 285, 287 . 2000State v. Matthews (1995), 271 Mont. 24, 27 , 894 P.2d 285, 287 . | 1 | 2000–2000 |
State v. Rushton
green
2 sentences2000State v. Rushton (1994), 264 Mont. 248, 254-55 , 870 P.2d 1355, 1359 ; State v. Sage (1992), 255 Mont. 227, 229 , 841 P.2d 1142, 1143 . 2000State v. Rushton (1994), 264 Mont. 248, 254-55 , 870 P.2d 1355, 1359 ; State v. Sage (1992), 255 Mont. 227, 229 , 841 P.2d 1142, 1143 . | 1 | 2000–2000 |
State v. Richards
green
2 sentences1998State v. Sattler, 1998 MT 57, ¶ 56 , [ 288 Mont. 79 ], 956 P.2d 54, ¶ 56 (citing State v. Richards (1995), 274 Mont 180, 184 , 906 P.2d 222, 224 ). 1998State v. Sattler, 1998 MT 57, ¶ 56 , [ 288 Mont. 79 ], 956 P.2d 54, ¶ 56 (citing State v. Richards (1995), 274 Mont 180, 184 , 906 P.2d 222, 224 ). | 1 | 1998–1998 |
Cooper v. Sisters of Charity of Leavenworth Health Services Corp.
green
2 sentences1994Cooper v. Sisters of Charity (1994), 265 Mont. 205, 206 , 875 P.2d 352, 353 . 1994Cooper v. Sisters of Charity (1994), 265 Mont. 205, 206 , 875 P.2d 352, 353 . | 1 | 1994–1994 |
Snell v. Montana-Dakota Utilities Co.
green
2 sentences1987As we held in Snell, 198 Mont. at 69 , 643 P.2d at 848 , “this Court has a responsibility to the employer as well as to the employee. 1987As we held in Snell, 198 Mont. at 69 , 643 P.2d at 848 , “this Court has a responsibility to the employer as well as to the employee. | 1 | 1987–1987 |
| Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin Syndicate neutral | 1 | 1981–1981 |
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.