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83 Montana opinions name it 1 courts 1998–2025 7 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 |
|---|---|---|
Matter of MJWgreen2 sentences2007App. P. 23(a)(4) provides that the argument section “shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and pages of the record relied on.” ¶33 Moreover, a district court’s decision is presumed correct, Matter of M.J.W., 1998 MT 142, ¶ 18 , 289 Mont. 232, ¶ 18 , 961 P.2d 105, ¶ 18 (citations omitted), and the appellant bears the burden of establishing error. 2007App. P. 23(a)(4) provides that the argument section “shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and pages of the record relied on.” ¶33 Moreover, a district court’s decision is presumed correct, Matter of M.J.W., 1998 MT 142, ¶ 18 , 289 Mont. 232, ¶ 18 , 961 P.2d 105, ¶ 18 (citations omitted), and the appellant bears the burden of establishing error. | 6 | 17 |
Small v. Goodgreen2 sentences2015It is a well settled principle of law that the “appellant carries the burden of establishing error by the trial court.” State v. Carter, 285 Mont. 449, 461 , 948 P.2d 1173, 1180 (1997); accord Small v. Good, 284 Mont. 159, 163 , 943 P.2d 1258, 1260 (1997). 2015It is a well settled principle of law that the “appellant carries the burden of establishing error by the trial court.” State v. Carter, 285 Mont. 449, 461 , 948 P.2d 1173, 1180 (1997); accord Small v. Good, 284 Mont. 159, 163 , 943 P.2d 1258, 1260 (1997). | 5 | 7 |
State v. Baileygreen2 sentences2007State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 . 2007State v. Bailey, 2004 MT 87, ¶ 26 , 320 Mont. 501, ¶ 26 , 87 P.3d 1032, ¶ 26 . | 4 | 14 |
Rieman v. Andersongreen2 sentences2017See also Rieman v. Anderson, 282 Mont. 139, 147 , 935 P.2d 1122, 1127 (1997) (“An appellant carries the burden of establishing error by the trial court.”). 2017See also Rieman v. Anderson, 282 Mont. 139, 147 , 935 P.2d 1122, 1127 (1997) (“An appellant carries the burden of establishing error by the trial court.”). | 3 | 7 |
In Re the Marriage of McMahongreen2 sentences2025“The question under this standard is not whether we would have reached the same decision as the trial judge, but whether the trial judge acted arbitrarily without conscientious judgment or exceeded the bounds of reason.” Lockhead v. Lockhead, 2013 MT 368, ¶ 12 , 373 Mont. 120 , 314 P.3d 915 (citation omitted). “[A] district court’s decision is presumed correct and it is the appellant who bears the burden of establishing error by that court.” In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 . ¶7 Wardle argues “that there are ‘Genuine Issues of Material Fact.’ That the 2025“The question under this standard is not whether we would have reached the same decision as the trial judge, but whether the trial judge acted arbitrarily without conscientious judgment or exceeded the bounds of reason.” Lockhead v. Lockhead, 2013 MT 368, ¶ 12 , 373 Mont. 120 , 314 P.3d 915 (citation omitted). “[A] district court’s decision is presumed correct and it is the appellant who bears the burden of establishing error by that court.” In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 . ¶7 Wardle argues “that there are ‘Genuine Issues of Material Fact.’ That the | 2 | 9 |
In Re the Estate of Landegreen2 sentences2023In re Estate of Lande, 1999 MT 162, ¶ 30 , 295 Mont. 160 , 983 P.2d 308 , overruled, in part, on other grounds by In re Estate of Bradshaw, 2001 MT 92, ¶ 16 , 305 Mont. 178 , 24 P.3d 211 . ¶17 We review a district court’s decision to remove an estate’s personal representative to determine whether the court abused its discretion. 2023In re Estate of Lande, 1999 MT 162, ¶ 30 , 295 Mont. 160 , 983 P.2d 308 , overruled, in part, on other grounds by In re Estate of Bradshaw, 2001 MT 92, ¶ 16 , 305 Mont. 178 , 24 P.3d 211 . ¶17 We review a district court’s decision to remove an estate’s personal representative to determine whether the court abused its discretion. | 2 | 3 |
State v. Gomezgreen2 sentences2018State v. Gomez , 2007 MT 111 , ¶ 33, 337 Mont. 219 , 158 P.3d 442 (citations omitted). 2018State v. Gomez , 2007 MT 111 , ¶ 33, 337 Mont. 219 , 158 P.3d 442 (citations omitted). | 2 | 3 |
State v. Aakregreen2 sentences2012State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citing State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403 , 46 P.3d 648 ). 2012State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citing State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403 , 46 P.3d 648 ). | 2 | 3 |
City of Billings v. Petersongreen2 sentences2008City of Billings v. Peterson, 2004 MT 232, ¶ 19 , 322 Mont. 444, ¶ 19 , 97 P.3d 532, ¶ 19 (citation omitted). 2008City of Billings v. Peterson, 2004 MT 232, ¶ 19 , 322 Mont. 444, ¶ 19 , 97 P.3d 532, ¶ 19 (citation omitted). | 2 | 3 |
State v. Hicksgreen2 sentences2008State v. Hicks, 2006 MT 71, ¶ 22 , 331 Mont. 471, ¶ 22 , 133 P.3d 206, ¶ 22 . 2008State v. Hicks, 2006 MT 71, ¶ 22 , 331 Mont. 471, ¶ 22 , 133 P.3d 206, ¶ 22 . | 2 | 3 |
In Re the Estate of Spencergreen2 sentences2006See, e.g., Peterson, ¶ 45; Estate of Spencer, 2002 MT 304, ¶ 20 , 313 Mont. 40, ¶ 20 , 59 P.3d 1160, ¶ 20 (court declined to address “violation of constitutional due process” when the argument was not sufficiently developed). 2006See, e.g., Peterson, ¶ 45; Estate of Spencer, 2002 MT 304, ¶ 20 , 313 Mont. 40, ¶ 20 , 59 P.3d 1160, ¶ 20 (court declined to address “violation of constitutional due process” when the argument was not sufficiently developed). | 2 | 2 |
In re M.J.W.green2 sentences2007App. P. 23(a)(4) provides that the argument section “shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and pages of the record relied on.” ¶33 Moreover, a district court’s decision is presumed correct, Matter of M.J.W., 1998 MT 142, ¶ 18 , 289 Mont. 232, ¶ 18 , 961 P.2d 105, ¶ 18 (citations omitted), and the appellant bears the burden of establishing error. 2007P. 23(a)(4) provides that the argument section "shall contain the contentions of the appellant with respect to the issues presented, *448 and the reasons therefor, with citations to the authorities, statutes and pages of the record relied on." ¶ 33 Moreover, a district court's decision is presumed correct, Matter of M.J.W., 1998 MT 142, ¶ 18 , 289 Mont. 232, ¶ 18 , 961 P.2d 105, ¶ 18 (citations omitted), and the appellant bears the burden of establishing error. | 1 | 17 |
Duck Inn, Inc. v. Montana State University-Northerngreen2 sentences2000Because Susan cites to no authority as required by Rule 23(a)(4), M.R.App.P., and recognizing that she bears the burden of establishing error by the trial court (see Duck Inn, Inc. v. Montana State Univ.-Northern (1997), 285 Mont. 519, 523 , 949 P.2d 1179, 1181 ), we decline to address her argument regarding the first requirement of the Modified Just rule. ¶91 The evidence of Zachary’s death was introduced to show motive and not, as Susan contends, that she acted in conformity with her character-MSBP-in causing Mathew’s death and Wesley’s overdose. 2000Because Susan cites to no authority as required by Rule 23(a)(4), M.R.App.P., and recognizing that she bears the burden of establishing error by the trial court (see Duck Inn, Inc. v. Montana State Univ.-Northern (1997), 285 Mont. 519, 523 , 949 P.2d 1179, 1181 ), we decline to address her argument regarding the first requirement of the Modified Just rule. ¶91 The evidence of Zachary’s death was introduced to show motive and not, as Susan contends, that she acted in conformity with her character-MSBP-in causing Mathew’s death and Wesley’s overdose. | 1 | 4 |
State v. Cartergreen2 sentences2015It is a well settled principle of law that the “appellant carries the burden of establishing error by the trial court.” State v. Carter, 285 Mont. 449, 461 , 948 P.2d 1173, 1180 (1997); accord Small v. Good, 284 Mont. 159, 163 , 943 P.2d 1258, 1260 (1997). 2015It is a well settled principle of law that the “appellant carries the burden of establishing error by the trial court.” State v. Carter, 285 Mont. 449, 461 , 948 P.2d 1173, 1180 (1997); accord Small v. Good, 284 Mont. 159, 163 , 943 P.2d 1258, 1260 (1997). | 1 | 3 |
State v. Buckgreen2 sentences2012State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citing State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403 , 46 P.3d 648 ). 2012State v. Buck, 2006 MT 81, ¶ 30 , 331 Mont. 517 , 134 P.3d 53 (citing State v. Aakre, 2002 MT 101, ¶ 43 , 309 Mont. 403 , 46 P.3d 648 ). | 1 | 3 |
State v. Clausellgreen2 sentences2009In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 ; see also State v. Clausell, 2001 MT 62, ¶ 48 , 305 Mont. 1 , 22 P.3d 1111 (“[T]he obligation to establish error by a district court falls squarely on the appellant.”). 2009In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 ; see also State v. Clausell, 2001 MT 62, ¶ 48 , 305 Mont. 1 , 22 P.3d 1111 (“[T]he obligation to establish error by a district court falls squarely on the appellant.”). | 1 | 1 |
State v. Olsongreen2 sentences2008The appellant has the burden of establishing error, Johnson , ¶ 17, and Swenson has not met that burden with respect to the District Court’s Whitlow-related reasoning. ¶21 Swenson asserts, however, that the present case is factually distinguishable from State v. Medina, 245 Mont. 25 , 798 P.2d 1032 (1990), overruled on other grounds by State v. Olson, 286 Mont. 364, 373 , 951 P.2d 571, 577 (1997), regarding a defendant’s opportunity to reoffend. 2008The appellant has the burden of establishing error, Johnson , ¶ 17, and Swenson has not met that burden with respect to the District Court’s Whitlow-related reasoning. ¶21 Swenson asserts, however, that the present case is factually distinguishable from State v. Medina, 245 Mont. 25 , 798 P.2d 1032 (1990), overruled on other grounds by State v. Olson, 286 Mont. 364, 373 , 951 P.2d 571, 577 (1997), regarding a defendant’s opportunity to reoffend. | 1 | 1 |
State v. Torgersongreen2 sentences2008State v. Torgerson, 2008 MT 303, ¶ 36 , 345 Mont. 532, ¶ 36 , 192 P.3d 695, ¶ 36 (citations omitted). ¶19 We conclude Baker has failed to establish that the District Court violated her constitutional rights in imposing terms of incarceration. 2008State v. Torgerson, 2008 MT 303, ¶ 36 , 345 Mont. 532, ¶ 36 , 192 P.3d 695, ¶ 36 (citations omitted). ¶19 We conclude Baker has failed to establish that the District Court violated her constitutional rights in imposing terms of incarceration. | 1 | 1 |
In Re THgreen2 sentences2006In re T.H., 2005 MT 237, ¶ 45 , 328 Mont. 428, ¶ 45 , 121 P.3d 541, ¶ 45 (citation omitted). 2006In re T.H., 2005 MT 237, ¶ 45 , 328 Mont. 428, ¶ 45 , 121 P.3d 541, ¶ 45 (citation omitted). | 1 | 1 |
Rolison v. Bozeman Deaconess Health Services, Inc.green2 sentences2006Rolison v. Deaconess, 2005 MT 95, ¶ 20 , 326 Mont. 491, ¶ 20 , 111 P.3d 202, ¶ 20 (citation omitted). 2006Rolison v. Deaconess, 2005 MT 95, ¶ 20 , 326 Mont. 491, ¶ 20 , 111 P.3d 202, ¶ 20 (citation omitted). | 1 | 1 |
RSG Holdings v. Missoula Irrigation Districtgreen2 sentences2005RSG Holdings v. Missoula Irrigation Dist., 2004 MT 214, ¶ 14 , 322 Mont. 369, ¶ 14 , 96 P.3d 1131, ¶ 14 (citation omitted). 2005RSG Holdings v. Missoula Irrigation Dist., 2004 MT 214, ¶ 14 , 322 Mont. 369, ¶ 14 , 96 P.3d 1131, ¶ 14 (citation omitted). | 1 | 1 |
Hawkins v. Harneygreen2 sentences2004Hawkins v. Harney, 2003 MT 58, ¶ 35 , 314 Mont. 384, ¶ 35 , 66 P.3d 305, ¶ 35 (citation omitted). 2004Hawkins v. Harney, 2003 MT 58, ¶ 35 , 314 Mont. 384, ¶ 35 , 66 P.3d 305, ¶ 35 (citation omitted). | 1 | 1 |
| DeVoe v. Stategreen | 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. 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”). | 2 | 2014–2025 |
State v. Statczar
green
2 sentences2021“The burden of establishing waiver of the privilege is on the party seeking to overcome the privilege.” Statczar, 228 Mont. at 452 , 743 P.2d at 610 . 2021“The burden of establishing waiver of the privilege is on the party seeking to overcome the privilege.” Statczar, 228 Mont. at 452 , 743 P.2d at 610 . | 2 | 2006–2021 |
State v. Marshall
green
2 sentences2006See, e.g., Peterson, ¶ 45; Estate of Spencer, 2002 MT 304, ¶ 20 , 313 Mont. 40, ¶ 20 , 59 P.3d 1160, ¶ 20 (court declined to address “violation of constitutional due process” when the argument was not sufficiently developed). 2006See, e.g., Peterson, ¶ 45; Estate of Spencer, 2002 MT 304, ¶ 20 , 313 Mont. 40, ¶ 20 , 59 P.3d 1160, ¶ 20 (court declined to address "violation of constitutional due process" when the argument was not sufficiently developed). | 2 | 2006–2006 |
Marriage of Lockhead
green
2 sentences2025“The question under this standard is not whether we would have reached the same decision as the trial judge, but whether the trial judge acted arbitrarily without conscientious judgment or exceeded the bounds of reason.” Lockhead v. Lockhead, 2013 MT 368, ¶ 12 , 373 Mont. 120 , 314 P.3d 915 (citation omitted). “[A] district court’s decision is presumed correct and it is the appellant who bears the burden of establishing error by that court.” In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 . ¶7 Wardle argues “that there are ‘Genuine Issues of Material Fact.’ That the 2025“The question under this standard is not whether we would have reached the same decision as the trial judge, but whether the trial judge acted arbitrarily without conscientious judgment or exceeded the bounds of reason.” Lockhead v. Lockhead, 2013 MT 368, ¶ 12 , 373 Mont. 120 , 314 P.3d 915 (citation omitted). “[A] district court’s decision is presumed correct and it is the appellant who bears the burden of establishing error by that court.” In re Marriage of McMahon, 2002 MT 198, ¶ 7 , 311 Mont. 175 , 53 P.3d 1266 . ¶7 Wardle argues “that there are ‘Genuine Issues of Material Fact.’ That the | 1 | 2025–2025 |
In Re the Estate of Bradshaw
green
2 sentences2023In re Estate of Lande, 1999 MT 162, ¶ 30 , 295 Mont. 160 , 983 P.2d 308 , overruled, in part, on other grounds by In re Estate of Bradshaw, 2001 MT 92, ¶ 16 , 305 Mont. 178 , 24 P.3d 211 . ¶17 We review a district court’s decision to remove an estate’s personal representative to determine whether the court abused its discretion. 2023In re Estate of Lande, 1999 MT 162, ¶ 30 , 295 Mont. 160 , 983 P.2d 308 , overruled, in part, on other grounds by In re Estate of Bradshaw, 2001 MT 92, ¶ 16 , 305 Mont. 178 , 24 P.3d 211 . ¶17 We review a district court’s decision to remove an estate’s personal representative to determine whether the court abused its discretion. | 1 | 2023–2023 |
In Re DF
green
2 sentences2022In re J.S.L., ¶ 20 (citing In re D.F., 2007 MT 147, ¶ 22 , 337 Mont. 461 , 161 P.3d 825 ). 2022In re J.S.L., ¶ 20 (citing In re D.F., 2007 MT 147, ¶ 22 , 337 Mont. 461 , 161 P.3d 825 ). | 1 | 2022–2022 |
State v. Giddings
green
2 sentences2016State v. Giddings, 2009 MT 61, ¶ 48 , 349 Mont. 347 , 208 P.3d 363 . ¶33 We agree with the State that Crawford has failed to show that the State suppressed exculpatory or otherwise relevant evidence. 2016State v. Giddings, 2009 MT 61, ¶ 48 , 349 Mont. 347 , 208 P.3d 363 . ¶33 We agree with the State that Crawford has failed to show that the State suppressed exculpatory or otherwise relevant evidence. | 1 | 2016–2016 |
State v. Medina
green
2 sentences2008The appellant has the burden of establishing error, Johnson , ¶ 17, and Swenson has not met that burden with respect to the District Court’s Whitlow-related reasoning. ¶21 Swenson asserts, however, that the present case is factually distinguishable from State v. Medina, 245 Mont. 25 , 798 P.2d 1032 (1990), overruled on other grounds by State v. Olson, 286 Mont. 364, 373 , 951 P.2d 571, 577 (1997), regarding a defendant’s opportunity to reoffend. 2008The appellant has the burden of establishing error, Johnson , ¶ 17, and Swenson has not met that burden with respect to the District Court’s Whitlow-related reasoning. ¶21 Swenson asserts, however, that the present case is factually distinguishable from State v. Medina, 245 Mont. 25 , 798 P.2d 1032 (1990), overruled on other grounds by State v. Olson, 286 Mont. 364, 373 , 951 P.2d 571, 577 (1997), regarding a defendant’s opportunity to reoffend. | 1 | 2008–2008 |
| State v. Blackcrow green | 1 | 2003–2003 |
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.