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13 Montana opinions name it 1 courts 1977–1993 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 |
|---|---|---|
State v. Buckleygreen2 sentences1986The third issue concerns whether the District Court properly refused to give instructions on mitigated deliberate homicide, a lesser included offense of deliberate homicide. “. . . [T]he district court’s instructions must cover every issue or theory having support in the *132 evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction on mitigated deliberate homicide.” (Emphasis in original.) State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283, 285 . 1986The third issue concerns whether the District Court properly refused to give instructions on mitigated deliberate homicide, a lesser included offense of deliberate homicide. “. . . [T]he district court’s instructions must cover every issue or theory having support in the *132 evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction on mitigated deliberate homicide.” (Emphasis in original.) State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283, 285 . | 1 | 10 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Bouslaugh
green
2 sentences1983“Montana’s standard for determining whether there has been sufficient evidence as to a theory introduced to warrant the granting of an instruction is set forth in State v. Buckley (1976), Mont., 557 P.2d 283 , 33 St.Rep. 1204 , 1207: “ ‘. . .the District Court’s instructions must cover every issue or theory having support in the evidence, and the inquiry of the District Court must only be whether or not any evidence exists in the record to warrant an instruction on mitigated deliberate homicide.’ “This is the standard to be used when dealing with all lesser included instructions, regardless of 1983“Montana’s standard for determining whether there has been sufficient evidence as to a theory introduced to warrant the granting of an instruction is set forth in State v. Buckley (1976), Mont., 557 P.2d 283 , 33 St.Rep. 1204 , 1207: “ ‘. . .the District Court’s instructions must cover every issue or theory having support in the evidence, and the inquiry of the District Court must only be whether or not any evidence exists in the record to warrant an instruction on mitigated deliberate homicide.’ “This is the standard to be used when dealing with all lesser included instructions, regardless of | 3 | 1982–1983 |
State v. Sotelo
green
2 sentences1990State v. Sotelo (1984), 209 Mont. 86, 89 , 679 P.2d 779, 781 .” State v. DeMers (1988), 234 Mont. 273, 280 , 762 P.2d 860, 864 . 1990State v. Sotelo (1984), 209 Mont. 86, 89 , 679 P.2d 779, 781 .” State v. DeMers (1988), 234 Mont. 273, 280 , 762 P.2d 860, 864 . | 2 | 1988–1990 |
Keeble v. United States
green
2 sentences1978The United States Supreme Court in Keeble v. United States (1973), 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 , said that the defendant is entitled to instructions on a lesser included offense, if evidence would permit the jury rationally to find him guilty of the lesser offense and acquit him of the greater. 1978The United States Supreme Court in Keeble v. United States (1973), 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 , said that the defendant is entitled to instructions on a lesser included offense, if evidence would permit the jury rationally to find him guilty of the lesser offense and acquit him of the greater. | 2 | 1977–1978 |
State v. Starr
green
2 sentences1993In State v. Starr (1983), 204 Mont. 210, 217 , 664 P.2d 893, 897 , we stated that: In determining whether to give an instruction, the inquiry of the District Court must only be whether any evidence exists in the record to warrant an instruction on the theory or issue submitted. 1993In State v. Starr (1983), 204 Mont. 210, 217 , 664 P.2d 893, 897 , we stated that: In determining whether to give an instruction, the inquiry of the District Court must only be whether any evidence exists in the record to warrant an instruction on the theory or issue submitted. | 1 | 1993–1993 |
State v. Demers
green
2 sentences1990State v. Sotelo (1984), 209 Mont. 86, 89 , 679 P.2d 779, 781 .” State v. DeMers (1988), 234 Mont. 273, 280 , 762 P.2d 860, 864 . 1990State v. Sotelo (1984), 209 Mont. 86, 89 , 679 P.2d 779, 781 .” State v. DeMers (1988), 234 Mont. 273, 280 , 762 P.2d 860, 864 . | 1 | 1990–1990 |
State v. Grant
green
2 sentences1989E.g., State v. Grant (Mont. 1986), [ 221 Mont. 122 ,] 717 P.2d 562, 569 , 43 St.Rep. 685 , 692, citing State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283, 285 . 1989E.g., State v. Grant (Mont. 1986), [ 221 Mont. 122 ,] 717 P.2d 562, 569 , 43 St.Rep. 685 , 692, citing State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283, 285 . | 1 | 1989–1989 |
State v. Taylor
green
2 sentences1983See State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283 ; State v. Taylor (1973), 163 Mont. 106 , 515 P.2d 695 . 1983See State v. Buckley (1976), 171 Mont. 238, 242 , 557 P.2d 283 ; State v. Taylor (1973), 163 Mont. 106 , 515 P.2d 695 . | 1 | 1983–1983 |
State v. Sorenson
green
2 sentences1982Defendant correctly cites the fundamental rule found in Buckley , that “the District Court’s instructions must cover every issue or theory having support in the evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction. . .” Buckley, 171 Mont. at 242 , 557 P.2d at 285 ; State v. Gopher (1981), Mont., 633 P.2d 1195 , 38 St.Rep. 1521 ; State v. Sorenson (1980), Mont., 619 P.2d 1185 , 37 St.Rep. 1834 ; State v. Bouslaugh (1978), 176 Mont. 78 , 576 P.2d 261 . 1982Defendant correctly cites the fundamental rule found in Buckley , that "the district court's instructions must cover every issue or theory having support in the evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction..." Buckley, 171 Mont. at 242 , 557 P.2d at 285 ; State v. Gopher (1981), Mont., 633 P.2d 1195 , 38 St.Rep. 1521 ; State v. Sorenson (1980), Mont., 619 P.2d 1185 , 37 St.Rep. 1834 ; State v. Bouslaugh (1978), 176 Mont. 78 , 576 P.2d 261 . | 1 | 1982–1982 |
State v. Gopher
green
2 sentences1982Defendant correctly cites the fundamental rule found in Buckley , that “the District Court’s instructions must cover every issue or theory having support in the evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction. . .” Buckley, 171 Mont. at 242 , 557 P.2d at 285 ; State v. Gopher (1981), Mont., 633 P.2d 1195 , 38 St.Rep. 1521 ; State v. Sorenson (1980), Mont., 619 P.2d 1185 , 37 St.Rep. 1834 ; State v. Bouslaugh (1978), 176 Mont. 78 , 576 P.2d 261 . 1982Defendant correctly cites the fundamental rule found in Buckley , that "the district court's instructions must cover every issue or theory having support in the evidence, and the inquiry of the district court must only be whether or not any evidence exists in the record to warrant an instruction..." Buckley, 171 Mont. at 242 , 557 P.2d at 285 ; State v. Gopher (1981), Mont., 633 P.2d 1195 , 38 St.Rep. 1521 ; State v. Sorenson (1980), Mont., 619 P.2d 1185 , 37 St.Rep. 1834 ; State v. Bouslaugh (1978), 176 Mont. 78 , 576 P.2d 261 . | 1 | 1982–1982 |
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.