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9 Montana opinions name it 1 courts 1899–2019 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 |
|---|---|---|
Jackson v. William Dingwall Companygreen2 sentences1982See Jackson v. William Dingwall Co., 145 Mont. 127 , 399 P.2d 236 .” The facts in Knowlton do not support res ipsa loquitur. 1982See Jackson v. William Dingwall Co., 145 Mont. 127 , 399 P.2d 236 .” The facts in Knowlton do not support res ipsa loquitur. | 2 | 2 |
State v. W. Cunninghamgreen2 sentences2019See State v. Cunningham , 2018 MT 56 , ¶¶ 24, 26, 390 Mont. 408 , 414 P.3d 289 (explaining that jurors may attribute significant weight to expert medical testimony). 2019See State v. Cunningham , 2018 MT 56 , ¶¶ 24, 26, 390 Mont. 408 , 414 P.3d 289 (explaining that jurors may attribute significant weight to expert medical testimony). | 1 | 1 |
State v. Howellgreen2 sentences2012See State v. Howell, 254 Mont. 438, 446 , 839 P.2d 87, 92 (1992) (upholding a district court’s discretion in excluding evidence of past sexual history of a child molestation victim). ¶14 Secondly, citing Chambers v. Mississippi, 410 U.S. 284 , 93 S. Ct. 1038 (1973), and cases from several of our sister states, Patterson argues the District Court’s ruling violated his right to a fair trial under *190 the Due Process Clause because he was prevented from presenting a crucial defense. 2012See State v. Howell, 254 Mont. 438, 446 , 839 P.2d 87, 92 (1992) (upholding a district court’s discretion in excluding evidence of past sexual history of a child molestation victim). ¶14 Secondly, citing Chambers v. Mississippi, 410 U.S. 284 , 93 S. Ct. 1038 (1973), and cases from several of our sister states, Patterson argues the District Court’s ruling violated his right to a fair trial under *190 the Due Process Clause because he was prevented from presenting a crucial defense. | 1 | 1 |
Chambers v. Mississippigreen2 sentences2012See State v. Howell, 254 Mont. 438, 446 , 839 P.2d 87, 92 (1992) (upholding a district court’s discretion in excluding evidence of past sexual history of a child molestation victim). ¶14 Secondly, citing Chambers v. Mississippi, 410 U.S. 284 , 93 S. Ct. 1038 (1973), and cases from several of our sister states, Patterson argues the District Court’s ruling violated his right to a fair trial under *190 the Due Process Clause because he was prevented from presenting a crucial defense. 2012See State v. Howell, 254 Mont. 438, 446 , 839 P.2d 87, 92 (1992) (upholding a district court’s discretion in excluding evidence of past sexual history of a child molestation victim). ¶14 Secondly, citing Chambers v. Mississippi, 410 U.S. 284 , 93 S. Ct. 1038 (1973), and cases from several of our sister states, Patterson argues the District Court’s ruling violated his right to a fair trial under *190 the Due Process Clause because he was prevented from presenting a crucial defense. | 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. Kougl
green
1 sentence2019State v. Kougl , 2004 MT 243 , ¶ 11, 323 Mont. 6 , 97 P.3d 1095 . ¶15 In assessing ineffective assistance of counsel (IAC) claims, we apply the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2019–2019 |
Strickland v. Washington
green
2 sentences2019State v. Kougl , 2004 MT 243 , ¶ 11, 323 Mont. 6 , 97 P.3d 1095 . ¶15 In assessing ineffective assistance of counsel (IAC) claims, we apply the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984). 2019State v. Kougl , 2004 MT 243 , ¶ 11, 323 Mont. 6 , 97 P.3d 1095 . ¶15 In assessing ineffective assistance of counsel (IAC) claims, we apply the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2019–2019 |
State v. Kougl
green
2 sentences2019State v. Kougl , 2004 MT 243 , ¶ 11, 323 Mont. 6 , 97 P.3d 1095 . ¶15 In assessing ineffective assistance of counsel (IAC) claims, we apply the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984). 2019State v. Kougl , 2004 MT 243 , ¶ 11, 323 Mont. 6 , 97 P.3d 1095 . ¶15 In assessing ineffective assistance of counsel (IAC) claims, we apply the two-pronged test set forth in Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2019–2019 |
John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-Cross
green
1 sentence2012The Eleventh Circuit has found “the crucial inquiry is the *331 amount of control that the investors retain under their written agreements.” Albanese, 823 F.2d at 410 (citing Williamson, 645 F.2d at 423-24 .). | 1 | 2012–2012 |
Albanese v. Florida National Bank Of Orlando
green
1 sentence2012The Eleventh Circuit has found “the crucial inquiry is the *331 amount of control that the investors retain under their written agreements.” Albanese, 823 F.2d at 410 (citing Williamson, 645 F.2d at 423-24 .). | 1 | 2012–2012 |
United States v. Rohn Martin Ishmael and Debra K. Ishmael
green
1 sentence1997According to the Ishmael court, the crucial inquiry is whether the technology revealed any “intimate details.” Ishmael, 48 F.3d at 855 . | 1 | 1997–1997 |
City of Whitefish v. O'SHAUGHNESSY
green
2 sentences1986Grayned v. City of Rockford (1972), 408 U.S. 104, 114 , 92 S.Ct. 2294, 2302 , 33 L.Ed.2d 222, 231 ; City of Whitefish v. O’Shaughnessy (Mont. 1985), [ 216 Mont. 433 ,] 704 P.2d 1021, 1026 , 42 St.Rep. 928 , 932. 1986Grayned v. City of Rockford (1972), 408 U.S. 104, 114 , 92 S.Ct. 2294, 2302 , 33 L.Ed.2d 222, 231 ; City of Whitefish v. O’Shaughnessy (Mont. 1985), [ 216 Mont. 433 ,] 704 P.2d 1021, 1026 , 42 St.Rep. 928 , 932. | 1 | 1986–1986 |
Grayned v. City of Rockford
green
2 sentences1986Grayned v. City of Rockford (1972), 408 U.S. 104, 114 , 92 S.Ct. 2294, 2302 , 33 L.Ed.2d 222, 231 ; City of Whitefish v. O’Shaughnessy (Mont. 1985), [ 216 Mont. 433 ,] 704 P.2d 1021, 1026 , 42 St.Rep. 928 , 932. 1986Grayned v. City of Rockford (1972), 408 U.S. 104, 114 , 92 S.Ct. 2294, 2302 , 33 L.Ed.2d 222, 231 ; City of Whitefish v. O’Shaughnessy (Mont. 1985), [ 216 Mont. 433 ,] 704 P.2d 1021, 1026 , 42 St.Rep. 928 , 932. | 1 | 1986–1986 |
Knowlton v. Sandaker
green
2 sentences1982In such a case the appellant has filed to establish that there was a greater likelihood that respondents' negligence was the proximate cause of the accident and has thus failed to satisfy a crucial requirement for the application of the doctrine of res ipsa loquitur. ” 150 Mont. at 447-448 , 436 P.2d at 103 . 1982In such a case the appellant has filed to establish that there was a greater likelihood that respondents' negligence was the proximate cause of the accident and has thus failed to satisfy a crucial requirement for the application of the doctrine of res ipsa loquitur. ” 150 Mont. at 447-448 , 436 P.2d at 103 . | 1 | 1982–1982 |
Fitzgerald v. Clark
green
2 sentences1899The full benefit of his discovery is what Section 2322, supra, preserves to the miner; and to meet the geologic conditions which exist in the tendency of veins to depart from a perpendicular as they go downward, that the object of the statute might be carried out, Secton 2322, Revised Statutes U. S., authorizes a miner to follow the vein on its dip to an indefinite length, wherever it goes, — provided, of course, he has the apex, and provided, further, he does not cross the vertical planes of the end lines. ‘ ‘The intent of the statute, ’ ’ said Justice De Witt in Fitzgerald v. Clark, 17 Mont. 1899The full benefit of his discovery is what Section 2322, supra, preserves to the miner; and to meet the geologic conditions which exist in the tendency of veins to depart from a perpendicular as they go downward, that the object of the statute might be carried out, Secton 2322, Revised Statutes U. S., authorizes a miner to follow the vein on its dip to an indefinite length, wherever it goes, — provided, of course, he has the apex, and provided, further, he does not cross the vertical planes of the end lines. ‘ ‘The intent of the statute, ’ ’ said Justice De Witt in Fitzgerald v. Clark, 17 Mont. | 1 | 1899–1899 |
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.