9 Montana opinions name it 1 courts 1989–2025 1 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. Murphygreen2 sentences2014State v. Murphy, 174 Mont. 307, 311-12 , 570 P.2d 1103, 1105 (1977); Tower, 267 Mont. at 68 , 881 P.2d at 1320 . 2014State v. Murphy, 174 Mont. 307, 311-12 , 570 P.2d 1103, 1105 (1977); Tower, 267 Mont. at 68 , 881 P.2d at 1320 . | 2 | 2 |
State v. Hallgreen2 sentences2025“However, it is not proper to give an accountability instruction where it is not supported by the evidence and is inconsistent with the defendant’s claim of innocence.” State v. Hall, 2003 MT 253, ¶ 30 , 317 Mont. 356 , 77 P.3d 239 . ¶28 Ramirez argues that Handy was the primary testimony provided by the State, that Handy was an individual actively involved in the distribution of drugs in Butte, and that 12 Handy was legally “culpable for the alleged crimes” charged against Ramirez. 2025“However, it is not proper to give an accountability instruction where it is not supported by the evidence and is inconsistent with the defendant’s claim of innocence.” State v. Hall, 2003 MT 253, ¶ 30 , 317 Mont. 356 , 77 P.3d 239 . ¶28 Ramirez argues that Handy was the primary testimony provided by the State, that Handy was an individual actively involved in the distribution of drugs in Butte, and that 12 Handy was legally “culpable for the alleged crimes” charged against Ramirez. | 1 | 3 |
Grossman v. State, Dept. of Natural Resourcesgreen2 sentences2005See also, Grossman v. State Dep’t of Natural Res. (1984), 209 Mont. 427, 464 , 682 P.2d 1319, 1338 (holding that DNRC’s issuance of coal tax severance bonds for water resource development did not violate the strict accountability requirement). 2005See also, Grossman v. State Dep’t of Natural Res. (1984), 209 Mont. 427, 464 , 682 P.2d 1319, 1338 (holding that DNRC’s issuance of coal tax severance bonds for water resource development did not violate the strict accountability requirement). | 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. Tower
green
2 sentences2016Tellegen, ¶ 9 (citing Tower, 267 Mont. at 68 , *183 881 P.2d at 1320 ). ¶14 In Tower , we found unpersuasive a defendant’s claim that he was surprised by an accountability instruction given that he was provided all the evidence the State intended to present at trial. 2016Tellegen, ¶ 9 (citing Tower, 267 Mont. at 68 , *183 881 P.2d at 1320 ). ¶14 In Tower , we found unpersuasive a defendant’s claim that he was surprised by an accountability instruction given that he was provided all the evidence the State intended to present at trial. | 4 | 1997–2016 |
Taylor v. State
green
2 sentences2017State v. Hall, 2003 MT 253, ¶ 30 , 317 Mont. 356 , 77 P.3d 239 (finding it was not an abuse of discretion for the district court to deny an accountability instruction where such an instruction “was inconsistent with the defendant’s theory of complete innocence”); Taylor v. State, 2014 MT 142, ¶ 22 , 375 Mont. 234 , 335 P.3d 1218 (“Because Taylor’s theory, if believed, would require an acquittal, a lesser included instruction for sexual assault was arguably not appropriate.”). ¶26 The Court strains to find that Daniels offered “alternative theories” to justify the need for an assault instructio 2017State v. Hall, 2003 MT 253, ¶ 30 , 317 Mont. 356 , 77 P.3d 239 (finding it was not an abuse of discretion for the district court to deny an accountability instruction where such an instruction “was inconsistent with the defendant’s theory of complete innocence”); Taylor v. State, 2014 MT 142, ¶ 22 , 375 Mont. 234 , 335 P.3d 1218 (“Because Taylor’s theory, if believed, would require an acquittal, a lesser included instruction for sexual assault was arguably not appropriate.”). ¶26 The Court strains to find that Daniels offered “alternative theories” to justify the need for an assault instructio | 1 | 2017–2017 |
Weaver v. State
green
2 sentences2005On matters of strategy, we cannot second-guess counsel. “[W]e will not find ineffective assistance of counsel ... in counsel’s tactical decisions.” Weaver v. State, 2005 MT 158, ¶ 25 , 327 Mont. 441, ¶ 25 , 114 P.3d 1039, ¶ 25 . ¶73 The concurring opinion’s statement that “[t]o hold that an accomplice instruction is inappropriate when a defendant maintains his innocence is illogical” (¶ 56) may be correct when viewed in isolation. 2005On matters of strategy, we cannot second-guess counsel. “[W]e will not find ineffective assistance of counsel ... in counsel’s tactical decisions.” Weaver v. State, 2005 MT 158, ¶ 25 , 327 Mont. 441, ¶ 25 , 114 P.3d 1039, ¶ 25 . ¶73 The concurring opinion’s statement that “[t]o hold that an accomplice instruction is inappropriate when a defendant maintains his innocence is illogical” (¶ 56) may be correct when viewed in isolation. | 1 | 2005–2005 |
State v. Bretz Cline
neutral
2 sentences1989Defendant also contends that the accountability instruction was a material variation of the crimes charged and that it was error to give this instruction after closing argument because he was precluded from discussing this theory with the jury, citing State v. Bretz (1979), 180 Mont. 307 , 590 P.2d 614 . 1989Defendant also contends that the accountability instruction was a material variation of the crimes charged and that it was error to give this instruction after closing argument because he was precluded from discussing this theory with the jury, citing State v. Bretz (1979), 180 Mont. 307 , 590 P.2d 614 . | 1 | 1989–1989 |
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.