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9 Montana opinions name it 1 courts 1929–2020 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 |
|---|---|---|
Yarborough v. Gentrygreen2 sentences2020The Sixth Amendment guarantees reasonable competence, not perfect advocacy judged with the benefit of hindsight.” Whitlow, ¶ 32 (quoting Yarborough v. Gentry, 540 U.S. 1, 8 , 124 S. Ct. 1, 6 (2003). 2020The Sixth Amendment guarantees reasonable competence, not perfect advocacy judged with the benefit of hindsight.” Whitlow, ¶ 32 (quoting Yarborough v. Gentry, 540 U.S. 1, 8 , 124 S. Ct. 1, 6 (2003). | 2 | 2 |
Williams v. Taylorgreen2 sentences2008Williams v. Taylor, 529 U.S. 362, 395 , 120 S. Ct. 1495, 1514 (2000) (observing that trial counsel's representation fell short of professional standards because counsel failed to conduct a thorough investigation of the defendant’s background, not because of any strategic calculation, but because counsel incorrectly thought that state law barred access to the relevant records). 2008Williams v. Taylor, 529 U.S. 362, 395 , 120 S. Ct. 1495, 1514 (2000) (observing that trial counsel's representation fell short of professional standards because counsel failed to conduct a thorough investigation of the defendant’s background, not because of any strategic calculation, but because counsel incorrectly thought that state law barred access to the relevant records). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lawson v. Mobile Electric Co.
green
2 sentences1941J. 1224; Lawson v. Mobile Electric Co., 204 Ala. 318 , 85 So. 257 .) This court has held that such a presumption is evidence. 1941J. 1224; Lawson v. Mobile Electric Co., 204 Ala. 318 , 85 So. 257 .) This court has held that such a presumption is evidence. | 2 | 1934–1941 |
Whitlow v. State
green
2 sentences2020Courts determine deficient performance under the first prong based on “whether counsel’s conduct fell below an objective standard of reasonableness measured under prevailing professional norms and in light of the surrounding circumstances.” Whitlow v. State, 2008 MT 140, ¶ 20 , 343 Mont. 90 , 183 P.3d 861 . “[W]hether counsel’s conduct flowed from ignorance or neglect . . . is certainly a relevant consideration in the analysis.” Whitlow, ¶ 20. “[E]ven if an omission is inadvertent, [however,] relief is not automatic. 2020Courts determine deficient performance under the first prong based on “whether counsel’s conduct fell below an objective standard of reasonableness measured under prevailing professional norms and in light of the surrounding circumstances.” Whitlow v. State, 2008 MT 140, ¶ 20 , 343 Mont. 90 , 183 P.3d 861 . “[W]hether counsel’s conduct flowed from ignorance or neglect . . . is certainly a relevant consideration in the analysis.” Whitlow, ¶ 20. “[E]ven if an omission is inadvertent, [however,] relief is not automatic. | 1 | 2020–2020 |
Hurley v. Dupuis
green
2 sentences1994Sedlack, 749 P.2d at 1087-88 ; Hurley v. Dupuis (1988), 233 Mont. 242, 246-47 , 759 P.2d 996, 999 . 1994Sedlack, 749 P.2d at 1087-88 ; Hurley v. Dupuis (1988), 233 Mont. 242, 246-47 , 759 P.2d 996, 999 . | 1 | 1994–1994 |
Sedlack v. Bigfork Convalescent Center
green
1 sentence1994Sedlack, 749 P.2d at 1087-88 ; Hurley v. Dupuis (1988), 233 Mont. 242, 246-47 , 759 P.2d 996, 999 . | 1 | 1994–1994 |
Kovacich v. METALS BANK AND TRUST COMPANY
green
2 sentences1971As stated by this Court in Kovacich v. Metals Bank & Trust Co., 139 Mont. 449, 451 , 365 P.2d 639 , 640: “As students of the law we are all aware of the consideration requirement in a contract. 1971As stated by this Court in Kovacich v. Metals Bank & Trust Co., 139 Mont. 449, 451 , 365 P.2d 639 , 640: “As students of the law we are all aware of the consideration requirement in a contract. | 1 | 1971–1971 |
State v. Jackson
neutral
2 sentences1964Three witnesses for the defendant testified as to his reputation as a truthful, peaceful and law-abiding citizen, and from this testimony defendant contends he was prejudiced by not allowing instruction "O." Had the defendant accepted and followed the Montana rule on an instruction on good character as set forth in State v. Jackson, 88 Mont. 420, 435 , 293 P. 309 , his specification of error would have merit, for clearly proposed Instruction "O" contemplates character evidence as independent proof of evidence, not the consideration our rule requires that it be considered in relation to all oth 1964Three witnesses for the defendant testified as to his reputation as a truthful, peaceful and law-abiding citizen, and from this testimony defendant contends he was prejudiced by not allowing instruction "O." Had the defendant accepted and followed the Montana rule on an instruction on good character as set forth in State v. Jackson, 88 Mont. 420, 435 , 293 P. 309 , his specification of error would have merit, for clearly proposed Instruction "O" contemplates character evidence as independent proof of evidence, not the consideration our rule requires that it be considered in relation to all oth | 1 | 1964–1964 |
Royal Exch. Assur. v. Thrower
green
2 sentences1929It is provided that the policy shall be void “if the hazard be increased by any means within the control or knowledge of the insured.” Thus “the policy recognizes that the risk may be increased without the knowledge of the insured, and as a result of something beyond his control; and the stipulation is that a forfeiture shall take place only in case the increase is within his control and within his knowledge.” (Royal Exchange Assurance of London v. Thrower, 246 Fed. 768 , 159 C. 1929It is provided that the policy shall be void “if the hazard be increased by any means within the control or knowledge of the insured.” Thus “the policy recognizes that the risk may be increased without the knowledge of the insured, and as a result of something beyond his control; and the stipulation is that a forfeiture shall take place only in case the increase is within his control and within his knowledge.” (Royal Exchange Assurance of London v. Thrower, 246 Fed. 768 , 159 C. | 1 | 1929–1929 |
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.