impairment defense in Montana

9 Montana opinions name it 1 courts 1984–2026 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.

Followed or applied (2)

Case	Followed	Cited
State v. Curtisgreen mont · 1990 · cited in 3 Montana opinions naming this issue, 1990–1995 2 sentences 1995Curtis, 787 P.2d at 315 (citations omitted). 1990Curtis, 787 P.2d at 315 .	1	3
State v. Fosheegreen mont · 1997 · cited in 1 Montana opinions naming this issue, 1997–1997 1 sentence 1997See, e.g., Foshee, 938 P.2d at 605-07 ; Lane, 927 P.2d at 993 ; Tweedy, 922 P.2d at 1139 ; Matthews, 894 P.2d at 288-89 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
Barker v. Wingo green scotus · 1972 2 sentences 1991Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 . 1991Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 .	2	1990–1991
State v. Spang green mont · 2007 2 sentences 2026State v. Spang, 2007 MT 54, ¶ 12 , 336 Mont. 184 , 153 P.3d 646 (internal citations omitted). 20 a. oppressive pretrial incarceration ¶59 To determine whether the pretrial incarceration was oppressive we must consider the duration of the incarceration, the complexity of the charged offenses, any misconduct related to the pretrial incarceration, and the conditions of the incarceration. 2026State v. Spang, 2007 MT 54, ¶ 12 , 336 Mont. 184 , 153 P.3d 646 (internal citations omitted). 20 a. oppressive pretrial incarceration ¶59 To determine whether the pretrial incarceration was oppressive we must consider the duration of the incarceration, the complexity of the charged offenses, any misconduct related to the pretrial incarceration, and the conditions of the incarceration.	1	2026–2026
State v. Lane green mont · 1996 1 sentence 1997See, e.g., Foshee, 938 P.2d at 605-07 ; Lane, 927 P.2d at 993 ; Tweedy, 922 P.2d at 1139 ; Matthews, 894 P.2d at 288-89 .	1	1997–1997
State v. Matthews green mont · 1995 1 sentence 1997See, e.g., Foshee, 938 P.2d at 605-07 ; Lane, 927 P.2d at 993 ; Tweedy, 922 P.2d at 1139 ; Matthews, 894 P.2d at 288-89 .	1	1997–1997
State v. Tweedy green mont · 1996 1 sentence 1997See, e.g., Foshee, 938 P.2d at 605-07 ; Lane, 927 P.2d at 993 ; Tweedy, 922 P.2d at 1139 ; Matthews, 894 P.2d at 288-89 .	1	1997–1997
Brymerski v. City of Great Falls green mont · 1981 2 sentences 1990In Brymerski, 195 Mont. at 432 , 636 P.2d at 849 , we held that the defendant had not been prejudiced since most of the witnesses were still available to testify and records and files continued to be available as evidence. 1990In Brymerski, 195 Mont. at 432 , 636 P.2d at 849 , we held that the defendant had not been prejudiced since most of the witnesses were still available to testify and records and files continued to be available as evidence.	1	1990–1990
State v. Morris green mont · 1988 2 sentences 1990Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 , 33 L.Ed.2d at 118 ; State v. Morris (1988), 230 Mont. 311, 316 , 749 P.2d 1379, 1382 . 1990Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 , 33 L.Ed.2d at 118 ; State v. Morris (1988), 230 Mont. 311, 316 , 749 P.2d 1379, 1382 .	1	1990–1990
Holton v. F.H. Stoltze Land & Lumber Co. green mont · 1981 2 sentences 1984Stolze (1981), 195 Mont. 263 , 637 P.2d 10 , give rise to an impairment claim that is not a class as contemplated by Section 39-71-737, MCA? (2) Does Part 10 of the Workers’ Compensation Act give rise to a separate rehabilitation benefit that is not a class as contemplated by Section 39-71-737, MCA? (3) Did the Workers’ Compensation Court err in awarding part of the partial disability payments in a lump sum? (4) Should appellant-employer be required to pay the 20% penalty as provided for in Section 39-71-2907, MCA, for dilatory payment of workers’ compensation benefits? 1984Stolze (1981), 195 Mont. 263 , 637 P.2d 10 , give rise to an impairment claim that is not a class as contemplated by Section 39-71-737, MCA? (2) Does Part 10 of the Workers’ Compensation Act give rise to a separate rehabilitation benefit that is not a class as contemplated by Section 39-71-737, MCA? (3) Did the Workers’ Compensation Court err in awarding part of the partial disability payments in a lump sum? (4) Should appellant-employer be required to pay the 20% penalty as provided for in Section 39-71-2907, MCA, for dilatory payment of workers’ compensation benefits?	1	1984–1984

Where else courts name it

TX 23 (1941–2025) MI 20 (1936–2026) NM 13 (1989–2022) GA 12 (1986–2024) CA 10 (1973–2024) MO 10 (2015–2024) MT 9 (1984–2026) WA 9 (1991–2025) NY 8 (1901–2026) MD 8 (1975–2019) IN 7 (1937–2019) WY 6 (2014–2022) PA 6 (1964–1999) FL 5 (1986–2013) OR 5 (1992–2008) KS 4 (2010–2025) LA 4 (1959–2004) TN 4 (1981–1999) UT 4 (2011–2022) SC 3 (2006–2007) IL 3 (1978–2020) WI 3 (1957–2010) RI 3 (1975–2005) CT 3 (2019–2020) MN 2 (1981–2011) OH 2 (1969–2004) MS 2 (2011–2015) AL 2 (1934–1995) CO 2 (2001–2004)

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.

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