plea constitutes waiver (Montana) · Go Syfert
← Montana issues

plea constitutes waiver in Montana

10 Montana opinions name it 1 courts 2014–2025 5 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 (2)

CaseFollowedCited
State v. Turcottegreen
mont · 1974 · cited in 4 Montana opinions naming this issue, 2016–2025
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

24
State v. J. Westfallgreen
mont · 2024 · cited in 2 Montana opinions naming this issue, 2024–2025
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
State v. Lindsey green
mont · 2011
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

82016–2025
State v. Kelsch green
mont · 2008
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

62014–2025
State v. Gordon green
mont · 1999
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

52016–2025
State v. Rytky green
mont · 2006
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

42016–2025
State v. Pavey green
mont · 2010
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

42016–2025
State v. Pavey green
mont · 2010
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2017The State argues Stone waived his right to appeal the District Court’s decision to vacate his guilty plea to PFMA in his later plea agreement for aggravated assault. ¶13 Montana’s long standing jurisprudence holds that “where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of all non-jurisdictional defects and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State

42016–2025
State v. B. Watts green
mont · 2016
2 sentences

2024State v. Watts, 2016 MT 331, ¶ 7 , 386 Mont. 8 , 385 P.3d 960 (citation omitted). 5 DISCUSSION ¶10 “Montana’s long standing jurisprudence holds that ‘where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of all non-jurisdictional defects and defenses, including claims of constitutional rights violations which occurred prior to the plea.’” Watts, ¶ 9 (quoting State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ).

2024State v. Watts, 2016 MT 331, ¶ 7 , 386 Mont. 8 , 385 P.3d 960 (citation omitted). 5 DISCUSSION ¶10 “Montana’s long standing jurisprudence holds that ‘where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of all non-jurisdictional defects and defenses, including claims of constitutional rights violations which occurred prior to the plea.’” Watts, ¶ 9 (quoting State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ).

42018–2024
State v. Spreadbury green
mont · 2011
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

32014–2025
State v. Violette neutral
mont · 2009
2 sentences

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

2025DISCUSSION ¶9 This Court has consistently held that where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of “all non-jurisdictional defects 4 and defenses, including claims of constitutional rights violations which occurred prior to the plea.” State v. Lindsey, 2011 MT 46, ¶ 19 , 359 Mont. 362 , 249 P.3d 491 ; see also Watts, ¶ 9; State v. Westfall, 2024 MT 99, ¶ 17 , 416 Mont. 366 , 548 P.3d 400 ; State v. Spreadbury, 2011 MT 176, ¶ 11 , 361 Mont. 253 , 257 P.3d 392 ; State v. Pavey, 2010 MT 104, ¶ 11 , 356 Mont. 248 , 231 P.3d 1104 ; State v.

22024–2025
State v. Van Kirk green
mont · 2001
2 sentences

2024State v. Van Kirk, 2001 MT 184, ¶ 38 , 306 Mont. 215 , 32 P.3d 735 . 5 ¶14 Where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of all non-jurisdictional defects and defenses, including claims of constitutional rights violations which occurred prior to the plea.

2024State v. Van Kirk, 2001 MT 184, ¶ 38 , 306 Mont. 215 , 32 P.3d 735 . 5 ¶14 Where a defendant voluntarily and knowingly pleads guilty to an offense, the plea constitutes a waiver of all non-jurisdictional defects and defenses, including claims of constitutional rights violations which occurred prior to the plea.

12024–2024

Statutes the citing opinions construe

MT § Mont. Code Ann. § 45-2-101 (3) MT § Mont. Code Ann. § 46-12-204 (3)

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

MT 10 (2014–2025) WA 3 (1957–2001) PA 2 (1983–2024) UT 2 (1986–2012) FL 2 (1984–2000)

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.

← Caselaw search · G Cite Topics · Brief Check