13 Montana opinions name it 1 courts 2002–2024 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 |
|---|---|---|
State v. Baileygreen2 sentences2023See State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501 , 87 P.3d 1032 (while it is the State’s burden to prove guilt beyond a reasonable doubt in a criminal trial, on appeal, “[i]t is the appellant’s burden to establish error by a district court”); see also §§ 2-4-612(2), 82-4-206(2), MCA (providing that MAPA, contested case, permitting decisions, otherwise making no reference to judicial review of Board decisions. 2023See State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501 , 87 P.3d 1032 (while it is the State’s burden to prove guilt beyond a reasonable doubt in a criminal trial, on appeal, “[i]t is the appellant’s burden to establish error by a district court”); see also §§ 2-4-612(2), 82-4-206(2), MCA (providing that MAPA, contested case, permitting decisions, otherwise making no reference to judicial review of Board decisions. | 4 | 7 |
State v. Giddingsgreen2 sentences2012See State v. Giddings, 2009 MT 61, ¶ 69 , 349 Mont. 347 , 208 P.3d 363 (‘The appellant bears the burden to establish error by a district court.”). 2012See State v. Giddings, 2009 MT 61, ¶ 69 , 349 Mont. 347 , 208 P.3d 363 (‘The appellant bears the burden to establish error by a district court.”). | 1 | 2 |
State v. Buckgreen2 sentences2024See State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citations omitted). 2024See State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citations omitted). | 1 | 1 |
Surland v. Stategreen1 sentence2012Courts considering this issue have reasoned that abatement of the proceeding ab initio upon the death of the defendant is contrary to the principle that a criminal judgment is presumed to be valid. ‘TAJutomatic abatement of the entire criminal proceeding ab initio ... disregards entirely the presumptive validity of the conviction ....” Surland v. State, 895 A.2d 1034, 1044 (Md. 2006). ‘ITJhere is a strong public policy against the doctrine. | 1 | 1 |
State v. Millergreen2 sentences2008See State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 (“It is the appellant’s burden to establish error by a district court....”); State v. Miller, 2008 MT 106, ¶ 15 , 342 Mont. 355, ¶ 15 , 181 P.3d 625, ¶ 15 (observing that conclusory assertions are “a wholly inadequate presentation of an issue to this Court”). 2008See State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 (“It is the appellant’s burden to establish error by a district court....”); State v. Miller, 2008 MT 106, ¶ 15 , 342 Mont. 355, ¶ 15 , 181 P.3d 625, ¶ 15 (observing that conclusory assertions are “a wholly inadequate presentation of an issue to this Court”). | 1 | 1 |
State v. Aakregreen2 sentences2002See State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403, ¶ 43 , 46 P.3d 648, ¶ 43 . 2002See State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403, ¶ 43 , 46 P.3d 648, ¶ 43 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Clausell
green
2 sentences2006As the State notes in its brief on appeal, “[i]t is the appellant’s burden to establish error by a district court and such error cannot be established in the absence of legal authority.” State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 (citing State v. Clausell, 2001 MT 62, ¶ 48 , 305 Mont. 1, ¶ 48 , 22 P.3d 1111, ¶ 48 ). 3 ¶8 As a result of Chapman’s failure to comply with the Montana Rules of Appellate Procedure, we are unable to address the merits of the arguments which she raises on appeal. 2006As the State notes in its brief on appeal, “[i]t is the appellant’s burden to establish error by a district court and such error cannot be established in the absence of legal authority.” State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 (citing State v. Clausell, 2001 MT 62, ¶ 48 , 305 Mont. 1, ¶ 48 , 22 P.3d 1111, ¶ 48 ). 3 ¶8 As a result of Chapman’s failure to comply with the Montana Rules of Appellate Procedure, we are unable to address the merits of the arguments which she raises on appeal. | 2 | 2004–2006 |
Labair Ex Rel. Labair v. Carey
green
2 sentences2017Labair v. Carey, 2012 MT 312, ¶ 29 , 367 Mont. 453 , 291 P.3d 1160 . 2017Labair v. Carey, 2012 MT 312, ¶ 29 , 367 Mont. 453 , 291 P.3d 1160 . | 1 | 2017–2017 |
State v. Deshaw
neutral
2 sentences2014State v. Deshaw, 2012 MT 284, ¶ 30 , 367 Mont. 218 , 291 P.3d 561 (“the appellant bears the burden of establishing error on appeal”). 2014State v. Deshaw, 2012 MT 284, ¶ 30 , 367 Mont. 218 , 291 P.3d 561 (“the appellant bears the burden of establishing error on appeal”). | 1 | 2014–2014 |
State v. Peterson
green
2 sentences2009App. P. 23(a)(4), the State contends that Gomez’s arguments are insufficiently supported with authority and that this Court should decline to consider the arguments.”); State v. Peterson, 2002 MT 65, ¶ 23 , 309 Mont. 199 , 44 P.3d 499 (“The State asserts that, as a consequence of Peterson’s failure ... to cite authority on appeal, we should not consider this argument on appeal.”). ¶14 As the State is well aware, “[t]he appellant bears the burden to establish error by a district court,” and “[t]he appellant must establish such error with legal authority.” State v. Giddings, 2009 MT 61, ¶ 69 , 3 2009App. P. 23(a)(4), the State contends that Gomez’s arguments are insufficiently supported with authority and that this Court should decline to consider the arguments.”); State v. Peterson, 2002 MT 65, ¶ 23 , 309 Mont. 199 , 44 P.3d 499 (“The State asserts that, as a consequence of Peterson’s failure ... to cite authority on appeal, we should not consider this argument on appeal.”). ¶14 As the State is well aware, “[t]he appellant bears the burden to establish error by a district court,” and “[t]he appellant must establish such error with legal authority.” State v. Giddings, 2009 MT 61, ¶ 69 , 3 | 1 | 2009–2009 |
In Re the Estate of Bayers
green
2 sentences2006Furthermore, “it is not this Court’s obligation to conduct legal research on appellant’s behalf, to guess as to his precise position, or to develop legal analysis that may lend support to his position.” In re Estate of Bayers, 1999 MT 154, ¶ 19 , 295 Mont. 89, ¶ 19 , 983 P.2d 339, ¶ 19 . ¶23 We conclude Hicks has failed to establish that admission of the State’s exhibits at trial prejudiced him. 2006Furthermore, “it is not this Court’s obligation to conduct legal research on appellant’s behalf, to guess as to his precise position, or to develop legal analysis that may lend support to his position.” In re Estate of Bayers, 1999 MT 154, ¶ 19 , 295 Mont. 89, ¶ 19 , 983 P.2d 339, ¶ 19 . ¶23 We conclude Hicks has failed to establish that admission of the State’s exhibits at trial prejudiced him. | 1 | 2006–2006 |
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.