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12 Montana opinions name it 1 courts 1979–1986 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 |
|---|---|---|
| No positive-treatment citations attached to this issue in Montana. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sandstrom v. Montana
green
2 sentences1986Defense did object to State’s number 13 as a peremptory Sandstrom instruction, the statutory definition of “knowingly.” See Sandstrom v. Montana (1979), 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 . 1986Defense did object to State’s number 13 as a peremptory Sandstrom instruction, the statutory definition of “knowingly.” See Sandstrom v. Montana (1979), 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 . | 6 | 1980–1986 |
State v. Wogamon
neutral
2 sentences1982We also declared that in finding harmless error in a Sandstrom instruction, “we must be able to agree as a Court that the offensive instruction could not reasonably have contributed to the jury’s verdict.” Wogamon, 610 P.2d at 1165 . 1982We also declared that in finding harmless error in a Sandstrom instruction, “we must be able to agree as a Court that the offensive instruction could not reasonably have contributed to the jury’s verdict.” Wogamon, 610 P.2d at 1165 . | 3 | 1980–1982 |
State v. Sandstrom
green
2 sentences1980This Court has found the giving of a Sandstrom instruction to be reversible error in the cases of State v. Sandstrom (1979), 184 Mont. 391 , 603 P.2d 244 ; State v. Wogamon (1980), 188 Mont. 34 , *281 610 P.2d 1161 and State v. Poncelet (1980), 187 Mont. 528 , 610 P.2d 698 . 1980This Court has found the giving of a Sandstrom instruction to be reversible error in the cases of State v. Sandstrom (1979), 184 Mont. 391 , 603 P.2d 244 ; State v. Wogamon (1980), 188 Mont. 34 , *281 610 P.2d 1161 and State v. Poncelet (1980), 187 Mont. 528 , 610 P.2d 698 . | 2 | 1980–1980 |
Weinstock v. Levison
neutral
2 sentences1982Respondent cites State v. Sunday (1980), Mont., 609 P.2d 1188 , 37 St.Rep. 561 , to support its argument. 1982Respondent cites State v. Sunday (1980), Mont., 609 P.2d 1188 , 37 St.Rep. 561 , to support its argument. | 1 | 1982–1982 |
State v. Sunday
green
2 sentences1982Respondent cites State v. Sunday (1980), Mont., 609 P.2d 1188 , 37 St.Rep. 561 , to support its argument. 1982Respondent cites State v. Sunday (1980), Mont., 609 P.2d 1188 , 37 St.Rep. 561 , to support its argument. | 1 | 1982–1982 |
McKenzie v. Montana
green
1 sentence1982Because I find the court’s analysis of harmless error lacking of even-handed treatment, I dissent from this Court’s denial of certiorari.” 449 U.S. at 1051 . | 1 | 1982–1982 |
State v. Fitzpatrick
green
2 sentences1981See, State v. Bad Horse, supra; State v. Fitzpatrick, supra. In these cases, we held that the Sandstrom instruction and accompanying jury instructions, raised only a "permissive inference" rather than a conclusive presumption regarding defendant's mental state not affecting the prosecution's burden of proof. 1981See, State v. Bad Horse, supra; State v. Fitzpatrick, supra. In these cases, we held that the Sandstrom instruction and accompanying jury instructions, raised only a "permissive inference" rather than a conclusive presumption regarding defendant's mental state not affecting the prosecution's burden of proof. | 1 | 1981–1981 |
State v. Poncelet
green
2 sentences1980This Court has found the giving of a Sandstrom instruction to be reversible error in the cases of State v. Sandstrom (1979), 184 Mont. 391 , 603 P.2d 244 ; State v. Wogamon (1980), 188 Mont. 34 , *281 610 P.2d 1161 and State v. Poncelet (1980), 187 Mont. 528 , 610 P.2d 698 . 1980This Court has found the giving of a Sandstrom instruction to be reversible error in the cases of State v. Sandstrom (1979), 184 Mont. 391 , 603 P.2d 244 ; State v. Wogamon (1980), 188 Mont. 34 , *281 610 P.2d 1161 and State v. Poncelet (1980), 187 Mont. 528 , 610 P.2d 698 . | 1 | 1980–1980 |
State v. McKenzie
neutral
2 sentences1980State v. McKenzie (1980), 186 Mont. 474 , 608 P.2d 428 , in following the rationale of Hamilton, also found harmless error in the giving of a Sandstrom instruction as a result of overwhelming evidence of intent. 1980State v. McKenzie (1980), 186 Mont. 474 , 608 P.2d 428 , in following the rationale of Hamilton, also found harmless error in the giving of a Sandstrom instruction as a result of overwhelming evidence of intent. | 1 | 1980–1980 |
State v. McKenzie
green
2 sentences1980State v. McKenzie (1980), 186 Mont. 474 , 608 P.2d 428 , in following the rationale of Hamilton, also found harmless error in the giving of a Sandstrom instruction as a result of overwhelming evidence of intent. 1980State v. McKenzie (1980), 186 Mont. 474 , 608 P.2d 428 , in following the rationale of Hamilton, also found harmless error in the giving of a Sandstrom instruction as a result of overwhelming evidence of intent. | 1 | 1980–1980 |
Harrington v. California
red
2 sentences1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . 1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . | 1 | 1980–1980 |
Fahy v. Connecticut
green
2 sentences1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . 1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . | 1 | 1980–1980 |
Milton v. Wainwright
green
2 sentences1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . 1980In these cases this Court has had to determine on a case-by-case basis whether the error was harmless within the guidelines that have evolved at the federal level in the cases of Fahy v. Connecticut (1963), 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 ; Chapman v. California, supra; Harrington v. California (1969), 396 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 ; and Milton v. Wainwright (1972), 407 U.S. 371 , 92 S.Ct. 2174 , 33 L.Ed.2d 1 . | 1 | 1980–1980 |
Holloway v. McElroy
green
2 sentences1980We are aware of the apparently conflicting opinion of the Court where self-defense is an issue, and the Sandstrom instruction is involved, in Holloway v. McElroy (D.Ga. 1979), 474 F. Supp. 1363, 1368 . 1980We are aware of the apparently conflicting opinion of the Court where self-defense is an issue, and the Sandstrom instruction is involved, in Holloway v. McElroy (D.Ga. 1979), 474 F. Supp. 1363, 1368 . | 1 | 1980–1980 |
State v. Sandstrom
green
2 sentences1979The instruction to which Coleman objects on the basis of Sandstrom is the trial court’s instruction no. 22 as follows: “If you find that the defendant Dewey Eugene Coleman committed a homicide and no circumstances of mitigation, excuse or justification appear, then you may infer that the homicide was committed knowingly or purposely.” The objections by Coleman to instruction no. 22 may be summarized as follows: (1) the instruction was in the nature of a Sandstrom instruction; (2) this Court has held that Coleman instruction is similar to the Sandstrom instruction (State v. Sandstrom (1978), 17 1979The instruction to which Coleman objects on the basis of Sandstrom is the trial court’s instruction no. 22 as follows: “If you find that the defendant Dewey Eugene Coleman committed a homicide and no circumstances of mitigation, excuse or justification appear, then you may infer that the homicide was committed knowingly or purposely.” The objections by Coleman to instruction no. 22 may be summarized as follows: (1) the instruction was in the nature of a Sandstrom instruction; (2) this Court has held that Coleman instruction is similar to the Sandstrom instruction (State v. Sandstrom (1978), 17 | 1 | 1979–1979 |
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.