Johnson motion (Montana) · Go Syfert
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Johnson motion in Montana

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.

Followed or applied (10)

CaseFollowedCited
Missouri v. Fryegreen
scotus · 2012 · cited in 1 Montana opinions naming this issue, 2017–2017
2 sentences

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.

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.

11
McDonald v. Stategreen
mont · 1986 · cited in 1 Montana opinions naming this issue, 2016–2016
1 sentence

2016McDonald, 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

11
State v. Bromgardgreen
mont · 1997 · cited in 1 Montana opinions naming this issue, 2015–2015
2 sentences

2015State 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 ... .”).

11
Richard K. Wells, K-2894 v. George Petsock, Superintendentgreen
ca3 · 1991 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

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

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

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

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

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

11
Albers v. Supreme Court of Montanagreen
scotus · 2000 · cited in 1 Montana opinions naming this issue, 2004–2004
2 sentences

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).

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).

11
Goldstein v. Commission on Practice of the Supreme Courtgreen
mont · 2000 · cited in 1 Montana opinions naming this issue, 2004–2004
2 sentences

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).

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).

11
In Re the Marriage of Leegreen
mont · 1997 · cited in 1 Montana opinions naming this issue, 2000–2000
2 sentences

2000See 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 .

11
State v. Andersongreen
mont · 1999 · cited in 1 Montana opinions naming this issue, 2000–2000
2 sentences

2000See 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 .

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

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 ).

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 ).

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 (21)

CaseCitedYears
Hall v. Big Sky Lumber & Supply, Inc. green
mont · 1993
2 sentences

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.

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.

12024–2024
State v. Moree neutral
mont · 2010
2 sentences

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 ).

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 ).

12024–2024
State v. Pierce neutral
mont · 2016
2 sentences

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 ).

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 ).

12024–2024
State v. Chelsea Strom green
mont · 2014
2 sentences

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 ).

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 ).

12023–2023
Runyon Ex Rel. BR v. AVCP green
alaska · 2004
2 sentences

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).

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).

12023–2023
State v. Emerson neutral
mont · 2015
2 sentences

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 ).

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 ).

12023–2023
Gyme Kelly v. State green
mont · 2013
2 sentences

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).

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).

12017–2017
State v. Hausauer green
mont · 2006
2 sentences

2014State 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 .

12014–2014
Lockhead v. Weinstein green
mont · 2001
2 sentences

2012Lockhead 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 .

12012–2012
State v. Bristow green
mont · 1994
2 sentences

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.

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.

12008–2008
Cole v. Flathead County green
mont · 1989
2 sentences

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 .

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 .

12002–2002
Koopman Ex Rel. Koopman v. Fremont County School District No. 1 green
wyo · 1996
1 sentence

2001Koopman, 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

12001–2001
State v. Tweedy green
mont · 1996
2 sentences

2001State 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 .

12001–2001
In Re the Marriage of Syverson green
mont · 1997
2 sentences

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.

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.

12001–2001
Montana v. Sage green
mont · 1992
2 sentences

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 .

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 .

12000–2000
State v. Matthews green
mont · 1995
2 sentences

2000State 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 .

12000–2000
State v. Rushton green
mont · 1994
2 sentences

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 .

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 .

12000–2000
State v. Richards green
mont · 1995
2 sentences

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 ).

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 ).

11998–1998
Cooper v. Sisters of Charity of Leavenworth Health Services Corp. green
mont · 1994
2 sentences

1994Cooper 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 .

11994–1994
Snell v. Montana-Dakota Utilities Co. green
mont · 1982
2 sentences

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.

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.

11987–1987
Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin Syndicate neutral
mont · 1926
11981–1981

Statutes the citing opinions construe

MT § Mont. Code Ann. § 45-5-503 (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

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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.

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