ineffective assistance of counsel claim in Montana

120 Montana opinions name it 1 courts 1991–2026 17 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 (23)

Case	Followed	Cited
Strickland v. Washingtongreen scotus · 1984 · cited in 40 Montana opinions naming this issue, 1991–2025 2 sentences 2025This Court applies the test from Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 (1984), which requires the defendant “show not only that his counsel’s performance was deficient, but that the deficient performance was prejudicial to the defendant.” Morgan, ¶ 9 (citing Strickland, 466 U.S. at 687 , 104 S. Ct. at 2064 ). ¶36 Prior to ruling on whether the defendant has satisfied the Strickland test, the Court must determine whether a direct appeal is the proper forum for the ineffective assistance of counsel claim. 2025This Court applies the test from Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 (1984), which requires the defendant “show not only that his counsel’s performance was deficient, but that the deficient performance was prejudicial to the defendant.” Morgan, ¶ 9 (citing Strickland, 466 U.S. at 687 , 104 S. Ct. at 2064 ). ¶36 Prior to ruling on whether the defendant has satisfied the Strickland test, the Court must determine whether a direct appeal is the proper forum for the ineffective assistance of counsel claim.	10	40
Whitlow v. Stategreen mont · 2008 · cited in 15 Montana opinions naming this issue, 2008–2025 2 sentences 2025To determine whether counsel’s performance was deficient, we must determine “whether counsel’s conduct fell below an objective standard of reasonableness measured under prevailing professional norms and in light of the surrounding circumstances.” Robinson, ¶ 28 (quoting Whitlow v. State, 2008 MT 140, ¶ 20 , 343 Mont. 90 , 183 P.3d 861 ). ¶61 When considering whether to review an ineffective assistance of counsel claim on direct appeal, we first must determine whether the claim is based on the trial record. 2025To determine whether counsel’s performance was deficient, we must determine “whether counsel’s conduct fell below an objective standard of reasonableness measured under prevailing professional norms and in light of the surrounding circumstances.” Robinson, ¶ 28 (quoting Whitlow v. State, 2008 MT 140, ¶ 20 , 343 Mont. 90 , 183 P.3d 861 ). ¶61 When considering whether to review an ineffective assistance of counsel claim on direct appeal, we first must determine whether the claim is based on the trial record.	4	15
Hagen v. Stategreen mont · 1999 · cited in 5 Montana opinions naming this issue, 2001–2010 2 sentences 2010Gunderson , ¶ 70 (citing Hagen v. State, 1999 MT 8, ¶ 11 , 293 Mont. 60 , 973 P.2d 233 ). 2010Gunderson , ¶ 70 (citing Hagen v. State, 1999 MT 8, ¶ 11 , 293 Mont. 60 , 973 P.2d 233 ).	4	5
State v. Whitlowgreen mont · 2001 · cited in 2 Montana opinions naming this issue, 2002–2003 2 sentences 2003See State v. Whitlow, 2001 MT 208, ¶ 17 , 306 Mont. 339, ¶ 17 , 33 P.3d 877, ¶ 17 . ¶18 Claims of ineffective assistance of counsel are mixed questions of law and fact. 2003See State v. Whitlow, 2001 MT 208, ¶ 17 , 306 Mont. 339, ¶ 17 , 33 P.3d 877, ¶ 17 . ¶18 Claims of ineffective assistance of counsel are mixed questions of law and fact.	2	2
Adams v. Stategreen mont · 2007 · cited in 10 Montana opinions naming this issue, 2008–2021 2 sentences 2017“A defendant must satisfy both prongs of this test in order to prevail on an ineffective assistance of counsel claim.” Whitlow, ¶ 11 (citing Adams v. State, 2007 MT 35, ¶ 22 , 336 Mont. 63 , 153 P.3d 601 ). 2017“A defendant must satisfy both prongs of this test in order to prevail on an ineffective assistance of counsel claim.” Whitlow, ¶ 11 (citing Adams v. State, 2007 MT 35, ¶ 22 , 336 Mont. 63 , 153 P.3d 601 ).	1	10
State v. Kouglgreen mont · 2004 · cited in 4 Montana opinions naming this issue, 2005–2025 2 sentences 2013She further argues that defense counsel’s failure to ensure the confidentiality of an expert witness, to object to late disclosure of a new expert by the prosecution, to stipulate to serious bodily injury, to object to victim impact testimony, and to timely object to the prosecution’s closing arguments constitutes ineffective assistance and denied her a fair trial. ¶65 A defendant’s right to effective assistance of counsel is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, and by Article II, § 24 of the Montana Constitution. ‘Before reaching the merits of a 2013She further argues that defense counsel’s failure to ensure the confidentiality of an expert witness, to object to late disclosure of a new expert by the prosecution, to stipulate to serious bodily injury, to object to victim impact testimony, and to timely object to the prosecution’s closing arguments constitutes ineffective assistance and denied her a fair trial. ¶65 A defendant’s right to effective assistance of counsel is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, and by Article II, § 24 of the Montana Constitution. ‘Before reaching the merits of a	1	4
A. Oliphant v. Stategreen mont · 2023 · cited in 2 Montana opinions naming this issue, 2023–2024 2 sentences 2024Oliphant v. State, 2023 MT 43, ¶¶ 29, 37 , 411 Mont. 250 , 525 P.3d 1214 . 2024Oliphant v. State, 2023 MT 43, ¶¶ 29, 37 , 411 Mont. 250 , 525 P.3d 1214 .	1	2
Scott Heddings v. Stategreen mont · 2011 · cited in 2 Montana opinions naming this issue, 2013–2015 2 sentences 2015See Heddings v. State, 2011 MT 228, ¶ 33 , 362 Mont. 90 , 265 P.3d 600 (holding that an ineffective-assistance-of-counsel claim “will not succeed when predicated upon counsel’s failure to make motions or objections which, under the circumstances, would have been frivolous, . . . without procedural or substantive merit, or . . . would likely not have changed the outcome of the proceeding”). ¶11 Finally, House contends that his counsel was ineffective for not filing a notice of appeal. 2015See Heddings v. State, 2011 MT 228, ¶ 33 , 362 Mont. 90 , 265 P.3d 600 (holding that an ineffective-assistance-of-counsel claim “will not succeed when predicated upon counsel’s failure to make motions or objections which, under the circumstances, would have been frivolous, . . . without procedural or substantive merit, or . . . would likely not have changed the outcome of the proceeding”). ¶11 Finally, House contends that his counsel was ineffective for not filing a notice of appeal.	1	2
State v. Turnsplentygreen mont · 2003 · cited in 2 Montana opinions naming this issue, 2004–2004 2 sentences 2004John , ¶ 38. ¶32 This Court may review an ineffective assistance of counsel claim on direct appeal “when the record ... fully explain[s] why counsel took, or failed to take, action in providing a defense for the accused....“ State v. Turnsplenty, 2003 MT 159, ¶ 17 , 316 Mont. 275, ¶ 17 , 70 P.3d 1234, ¶ 17 . 2004John , ¶ 38. ¶32 This Court may review an ineffective assistance of counsel claim on direct appeal “when the record ... fully explain[s] why counsel took, or failed to take, action in providing a defense for the accused....“ State v. Turnsplenty, 2003 MT 159, ¶ 17 , 316 Mont. 275, ¶ 17 , 70 P.3d 1234, ¶ 17 .	1	2
Dawson v. Stategreen mont · 2000 · cited in 2 Montana opinions naming this issue, 2001–2003 2 sentences 2003Dawson v. State, 2000 MT 219, ¶ 21 , 301 Mont. 135, ¶ 21 , 10 P.3d 49, ¶ 21 . ¶11 With these legal precepts in mind, we turn to Morgan’s claim of ineffective assistance of counsel. 2003Dawson v. State, 2000 MT 219, ¶ 21 , 301 Mont. 135, ¶ 21 , 10 P.3d 49, ¶ 21 . ¶11 With these legal precepts in mind, we turn to Morgan’s claim of ineffective assistance of counsel.	1	2
Hill v. Lockhartgreen scotus · 1985 · cited in 2 Montana opinions naming this issue, 1997–1997 2 sentences 1997Hill, 474 U.S. at 59 ; State v. Johnson (1995), 274 Mont. 124, 130 , 907 P.2d 150, 154 . 1997Hill, 474 U.S. at 59 , 106 S.Ct. at 370-71 ; State v. Johnson (1995), 274 Mont. 124, 130 , 907 P.2d 150, 154 . *411 Where “a defendant is represented by counsel during the plea process and enters his plea upon the advice of counsel, the voluntariness of the plea depends on whether counsel’s advice ‘was within the range of competence demanded of attorneys in criminal cases.’ ” Hill, 474 U.S. at 56 , 106 S.Ct. at 369 (citation omitted).	1	2
State v. Seitzingergreen mont · 2006 · cited in 1 Montana opinions naming this issue, 2023–2023	1	1
In Re JJLgreen mont · 2010 · cited in 1 Montana opinions naming this issue, 2023–2023	1	1
State v. Hamiltongreen mont · 2007 · cited in 1 Montana opinions naming this issue, 2021–2021	1	1
State v. Normandygreen mont · 2008 · cited in 1 Montana opinions naming this issue, 2021–2021	1	1
In Re CMCgreen mont · 2009 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
Missouri v. Fryegreen scotus · 2012 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
In Re Asgreen mont · 2004 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
Matter of C.C. C.J. C.M.C.green mont · 2009 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
cluster 587351green ca8 · 1992 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
cluster 792429green ca9 · 2005 · cited in 1 Montana opinions naming this issue, 2017–2017	1	1
State v. Savagegreen mont · 2011 · cited in 1 Montana opinions naming this issue, 2012–2012	1	1
State v. Finleygreen mont · 1996 · cited in 1 Montana opinions naming this issue, 2010–2010	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (57)

Case	Cited	Years
State v. Kougl green mont · 2004 2 sentences 2013She further argues that defense counsel’s failure to ensure the confidentiality of an expert witness, to object to late disclosure of a new expert by the prosecution, to stipulate to serious bodily injury, to object to victim impact testimony, and to timely object to the prosecution’s closing arguments constitutes ineffective assistance and denied her a fair trial. ¶65 A defendant’s right to effective assistance of counsel is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, and by Article II, § 24 of the Montana Constitution. ‘Before reaching the merits of a 2005A reasonable probability is a probability sufficient to undermine confidence in the outcome, but it does not require that a defendant demonstrate that he would have been acquitted.” State v. Kougl, 2004 MT 243, ¶ 25 , 323 Mont. 6, ¶ 25 , 97 P.3d 1095, ¶ 25 (quotations and citations omitted). ¶53 Before examining an ineffective assistance of counsel claim on direct appeal, we generally look to the record to see whether we can answer “why’ counsel did or did not perform as alleged.	4	2005–2025
State v. Fields green mont · 2002 2 sentences 2020State v. Fields, 2002 MT 84, ¶ 31 , 309 Mont. 300 , 46 P.3d 612 . 2020State v. Fields, 2002 MT 84, ¶ 31 , 309 Mont. 300 , 46 P.3d 612 .	4	2001–2020
State v. Jefferson green mont · 2001 2 sentences 2004J.C. also alleges that his counsel did not assure that J.C. understood his right to sentence review. ¶23 In support of these arguments, J.C. cites State v. Jefferson, 2003 MT 90 , 315 Mont. 146 , 69 P.3d 641 , for the proposition that “[w]hen an ineffective assistance of counsel claim is based on facts of record, it is properly raised on direct appeal. 2004J.C. also alleges that his counsel did not assure that J.C. understood his right to sentence review. ¶23 In support of these arguments, J.C. cites State v. Jefferson, 2003 MT 90 , 315 Mont. 146 , 69 P.3d 641 , for the proposition that “[w]hen an ineffective assistance of counsel claim is based on facts of record, it is properly raised on direct appeal.	4	2004–2004
State v. Jefferson green mont · 2003 2 sentences 2004J.C. also alleges that his counsel did not assure that J.C. understood his right to sentence review. ¶23 In support of these arguments, J.C. cites State v. Jefferson, 2003 MT 90 , 315 Mont. 146 , 69 P.3d 641 , for the proposition that “[w]hen an ineffective assistance of counsel claim is based on facts of record, it is properly raised on direct appeal. 2004J.C. also alleges that his counsel did not assure that J.C. understood his right to sentence review. ¶ 23 In support of these arguments, J.C. cites State v. Jefferson, 2003 MT 90 , 315 Mont. 146 , 69 P.3d 641 , for the proposition that "[w]hen an ineffective assistance of counsel claim is based on facts of record, it is properly raised on direct appeal.	4	2004–2004
State v. Danny Sartain green mont · 2012 2 sentences 2016Sartain v. State, 2012 MT 164, ¶ 9 , 365 Mont. 483 , 285 P.3d 407 . 2016Sartain v. State, 2012 MT 164, ¶ 9 , 365 Mont. 483 , 285 P.3d 407 .	3	2015–2016
State v. Harris green mont · 2001 2 sentences 2010And, as to the second part of the test, we have stated that “[a] reasonable probability is a probability sufficient to undermine confidence in the outcome.” Crosley , ¶ 55 (quoting State v. Harris, 2001 MT 231, ¶ 19 , 306 Mont. 525 , 36 P.3d 372 , overruled in part by Robinson v. State, 2010 MT 108 , 356 Mont. 282 , 232 P.3d 403 ). ¶55 Before this Court may reach the merits of an ineffective assistance of counsel claim on direct appeal, we must determine whether the allegations are properly before us. 2010And, as to the second part of the test, we have stated that “[a] reasonable probability is a probability sufficient to undermine confidence in the outcome.” Crosley , ¶ 55 (quoting State v. Harris, 2001 MT 231, ¶ 19 , 306 Mont. 525 , 36 P.3d 372 , overruled in part by Robinson v. State, 2010 MT 108 , 356 Mont. 282 , 232 P.3d 403 ). ¶55 Before this Court may reach the merits of an ineffective assistance of counsel claim on direct appeal, we must determine whether the allegations are properly before us.	3	2004–2010
Riggs v. State green mont · 2011 2 sentences 2024Riggs v. State, 2011 MT 239, ¶ 53 , 362 Mont. 140 , 264 P.3d 693 (citing Strickland, 466 U.S. at 689 , 104 S. Ct. at 2052 ). 2024Riggs v. State, 2011 MT 239, ¶ 53 , 362 Mont. 140 , 264 P.3d 693 (citing Strickland, 466 U.S. at 689 , 104 S. Ct. at 2052 ).	2	2013–2024
State v. Andress neutral mont · 2013 2 sentences 2014Tellegen argues that the instruction on “purposely” incorrectly defined it as a conduct-based mental state when the instruction for accountability calls for a result-based mental state. ¶19 In State v. Andress, 2013 MT 12 , 368 Mont. 248 , ___P.3d___, we considered an ineffective assistance of counsel claim where the defendant’s attorney submitted instructions defining “purposely” as a conduct-based rather than result-based mental state. 2014Tellegen argues that the instruction on “purposely” incorrectly defined it as a conduct-based mental state when the instruction for accountability calls for a result-based mental state. ¶19 In State v. Andress, 2013 MT 12 , 368 Mont. 248 , ___P.3d___, we considered an ineffective assistance of counsel claim where the defendant’s attorney submitted instructions defining “purposely” as a conduct-based rather than result-based mental state.	2	2013–2014
In re A.D.B. green mont · 2013 2 sentences 2013The District Court concluded Mother’s attorney was “an excellent lawyer,” was “probably the most experienced attorney that would be available for this proceeding,” and had done “a good job so far.” Moreover, we note that “a parent may not sustain an ineffective assistance of counsel claim when the parent cannot demonstrate prejudice as a result of the ineffective assistance.” In re A.D.B., 2013 MT 167, ¶ 64 , 370 Mont. 422 , 305 P.3d 739 . 2013The District Court concluded Mother’s attorney was “an excellent lawyer,” was “probably the most experienced attorney that would be available for this proceeding,” and had done “a good job so far.” Moreover, we note that “a parent may not sustain an ineffective assistance of counsel claim when the parent cannot demonstrate prejudice as a result of the ineffective assistance.” In re A.D.B., 2013 MT 167, ¶ 64 , 370 Mont. 422 , 305 P.3d 739 .	2	2013–2013
State v. Upshaw green mont · 2006 2 sentences 2013She further argues that defense counsel’s failure to ensure the confidentiality of an expert witness, to object to late disclosure of a new expert by the prosecution, to stipulate to serious bodily injury, to object to victim impact testimony, and to timely object to the prosecution’s closing arguments constitutes ineffective assistance and denied her a fair trial. ¶65 A defendant’s right to effective assistance of counsel is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, and by Article II, § 24 of the Montana Constitution. ‘Before reaching the merits of a 2013She further argues that defense counsel’s failure to ensure the confidentiality of an expert witness, to object to late disclosure of a new expert by the prosecution, to stipulate to serious bodily injury, to object to victim impact testimony, and to timely object to the prosecution’s closing arguments constitutes ineffective assistance and denied her a fair trial. ¶65 A defendant’s right to effective assistance of counsel is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, and by Article II, § 24 of the Montana Constitution. ‘Before reaching the merits of a	2	2013–2013
Matter of A.D.B. YINC. green mont · 2013 2 sentences 2013The District Court concluded Mother’s attorney was “an excellent lawyer,” was “probably the most experienced attorney that would be available for this proceeding,” and had done “a good job so far.” Moreover, we note that “a parent may not sustain an ineffective assistance of counsel claim when the parent cannot demonstrate prejudice as a result of the ineffective assistance.” In re A.D.B., 2013 MT 167, ¶ 64 , 370 Mont. 422 , 305 P.3d 739 . 2013The District Court concluded Mother’s attorney was “an excellent lawyer,” was “probably the most experienced attorney that would be available for this proceeding,” and had done “a good job so far.” Moreover, we note that “a parent may not sustain an ineffective assistance of counsel claim when the parent cannot demonstrate prejudice as a result of the ineffective assistance.” In re A.D.B., 2013 MT 167, ¶ 64 , 370 Mont. 422 , 305 P.3d 739 .	2	2013–2013
State v. White green mont · 2001 2 sentences 2006As stated in State v. White, 2001 MT 149, ¶ 12 , 306 Mont. 58, ¶ 12 , 30 P.3d 340, ¶ 12 , Where ineffective assistance of counsel claims are based on facts of record in the underlying case, they must be raised in the direct appeal and, conversely, where the allegations of ineffective assistance of counsel cannot be documented from the record in the underlying case, those claims must be raised by petition for pos(conviction relief. ¶ 10 Swan contends he could not have raised this ineffective assistance of counsel claim on direct appeal because the claim is dependent on facts not of record in th 2006As stated in State v. White, 2001 MT 149, ¶ 12 , 306 Mont. 58, ¶ 12 , 30 P.3d 340, ¶ 12 , Where ineffective assistance of counsel claims are based on facts of record in the underlying case, they must be raised in the direct appeal and, conversely, where the allegations of ineffective assistance of counsel cannot be documented from the record in the underlying case, those claims must be raised by petition for pos(conviction relief. ¶ 10 Swan contends he could not have raised this ineffective assistance of counsel claim on direct appeal because the claim is dependent on facts not of record in th	2	2006–2008
State v. Morgan green mont · 2003 2 sentences 2008We have held that “[wjhen it is possible to dispose of an ineffective assistance of counsel claim based on the claim’s failure to establish that the defendant was sufficiently prejudiced, it is best to follow that course.” State v. Morgan, 2003 MT 193, ¶ 10 , 316 Mont. 509, ¶ 10 , 74 P.3d 1047, ¶ 10 . 2008We have held that “[wjhen it is possible to dispose of an ineffective assistance of counsel claim based on the claim’s failure to establish that the defendant was sufficiently prejudiced, it is best to follow that course.” State v. Morgan, 2003 MT 193, ¶ 10 , 316 Mont. 509, ¶ 10 , 74 P.3d 1047, ¶ 10 .	2	2008–2008
State v. Hendricks green mont · 2003 2 sentences 2005State v. Hendricks, 2003 MT 223, ¶ 12 , 317 Mont. 177, ¶ 12 , 75 P.3d 1268, ¶ 12 . ¶23 Whether the District Court abused its discretion in denying Novak’s motion for a mistrial. ¶24 Novak argues that the District Court abused its discretion in denying his motion for a mistrial. 2005State v. Hendricks, 2003 MT 223, ¶ 12 , 317 Mont. 177, ¶ 12 , 75 P.3d 1268, ¶ 12 . ¶23 Whether the District Court abused its discretion in denying Novak’s motion for a mistrial. ¶24 Novak argues that the District Court abused its discretion in denying his motion for a mistrial.	2	2005–2005
State v. Hagen green mont · 2002 2 sentences 2004State v. Hagen, 2002 MT 190, ¶ 18 , 311 Mont. 117, ¶ 18 , 53 P.3d 885, ¶ 18 . ¶16 Normally, the record on appeal must adequately document why counsel acted in a particular manner before this Court will review an ineffective assistance of counsel claim on direct appeal. 2004State v. Hagen, 2002 MT 190, ¶ 18 , 311 Mont. 117, ¶ 18 , 53 P.3d 885, ¶ 18 . ¶16 Normally, the record on appeal must adequately document why counsel acted in a particular manner before this Court will review an ineffective assistance of counsel claim on direct appeal.	2	2004–2004
State v. Rose green mont · 1998 2 sentences 2003Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; State v. Rose, 1998 MT 342, ¶ 12 , 292 Mont. 350, ¶ 12 , 972 P.2d 321, ¶ 12 . 2003Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; State v. Rose, 1998 MT 342, ¶ 12 , 292 Mont. 350, ¶ 12 , 972 P.2d 321, ¶ 12 .	2	2001–2003
State v. Hagen green mont · 1995 2 sentences 2001Hagen I, 273 Mont. at 440, 903 P.2d at 1386 . 2001Hagen I, 273 Mont. at 440, 903 P.2d at 1386 .	2	2001–2001
Kills on Top v. State green mont · 1995 2 sentences 2001Hans v. State (1997), 283 Mont. 379, 393 , 942 P.2d 674, 683 ; Lester Kills On Top v. State (1995), 273 Mont. 32, 49 , 901 P.2d 1368, 1379 . ¶12 Before reaching the merits of an ineffective assistance of counsel claim in a postconviction relief proceeding it is necessary to determine whether such a claim is properly before the Court or whether the claim is procedurally barred. 2001Hans v. State (1997), 283 Mont. 379, 393 , 942 P.2d 674, 683 ; Lester Kills On Top v. State (1995), 273 Mont. 32, 49 , 901 P.2d 1368, 1379 . ¶12 Before reaching the merits of an ineffective assistance of counsel claim in a postconviction relief proceeding it is necessary to determine whether such a claim is properly before the Court or whether the claim is procedurally barred.	2	2001–2001
State v. Senn green mont · 1990	2	1997–1997
State v. Johnson green mont · 1995 2 sentences 1997Hill, 474 U.S. at 59 ; State v. Johnson (1995), 274 Mont. 124, 130 , 907 P.2d 150, 154 . 1997Hill, 474 U.S. at 59 ; State v. Johnson (1995), 274 Mont. 124, 130 , 907 P.2d 150, 154 .	2	1997–1997
State v. Johnson green mont · 1993	2	1995–1996
State v. Sheppard green mont · 1995	2	1995–1996
State v. Kalem Johnston green mont · 2010	1	2026–2026
State v. Wilson green mont · 2013	1	2024–2024
State v. Lawrence green mont · 2001	1	2023–2023
State v. Trull green mont · 2006	1	2021–2021
State v. D. Schowengerdt green mont · 2018	1	2021–2021
State v. Jared Williams neutral mont · 2015	1	2021–2021
State v. Nevada R. Ugalde green mont · 2013	1	2020–2020
State v. Garding green mont · 2013	1	2020–2020
State v. Aker green mont · 2013	1	2020–2020
State v. Sawyer neutral mont · 2019	1	2019–2019
State v. David Kime green mont · 2013	1	2018–2018
Pequeno v. Schmidt green scotus · 2007	1	2017–2017
In re A.S. green mont · 2004	1	2017–2017
State v. Lane green mont · 1998	1	2017–2017
State v. Johnson green mont · 2000	1	2017–2017
Martin v. United States green scotus · 1992	1	2017–2017
Hollingsworth v. United States green scotus · 1992	1	2017–2017
State v. B. Thompson green mont · 2017	1	2017–2017

Statutes the citing opinions construe

MT § Mont. Code Ann. § 46-21-105 (15) MT § Mont. Code Ann. § 45-5-503 (12) MT § Mont. Code Ann. § 46-20-104 (12) MT § Mont. Code Ann. § 46-16-105 (11) MT § Mont. Code Ann. § 61-8-401 (10) MT § Mont. Code Ann. § 45-2-101 (8) MT § Mont. Code Ann. § 46-20-701 (8) MT § Mont. Code Ann. § 46-21-104 (8) MT § Mont. Code Ann. § 45-5-502 (7) MT § Mont. Code Ann. § 46-16-115 (7) MT § Mont. Code Ann. § 46-21-201 (7) MT § Mont. Code Ann. § 45-5-213 (5)

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 1531 (1989–2026) OH 1408 (1989–2026) TN 942 (1991–2026) IL 891 (1985–2026) PA 722 (1971–2026) WA 689 (1986–2026) MI 678 (1977–2026) GA 605 (1985–2026) IA 601 (1980–2026) CA 597 (1990–2026) MS 568 (1983–2026) ID 477 (1985–2026) UT 446 (1989–2026) WI 442 (1982–2026) NE 399 (1986–2026) MO 373 (1970–2025) FL 343 (1984–2026) IN 341 (1985–2026) NJ 279 (1986–2026) CT 219 (1985–2026) DE 200 (1990–2026) NY 179 (1987–2026) NC 167 (1981–2026) LA 163 (1983–2026) CO 158 (1985–2026) MN 157 (1991–2026) MA 146 (1988–2026) NM 145 (1989–2026) AL 131 (1985–2026) KS 130 (1994–2026) MT 120 (1991–2026) ND 108 (1987–2026) WV 82 (1982–2024) AZ 80 (1987–2026) AR 69 (1991–2026) KY 66 (1986–2026) OK 57 (1987–2026) MD 51 (1985–2025) NV 37 (1989–2022) DC 35 (1974–2026) HI 34 (1989–2024) WY 34 (1987–2025) VT 31 (1989–2025) SD 31 (1986–2026) NH 25 (1986–2023) SC 18 (2001–2025) ME 16 (1997–2018) VA 15 (1986–2023) AK 14 (1992–2025) RI 14 (1987–2012) OR 8 (2000–2025) VI 8 (2007–2026) GU 5 (2023–2025)

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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