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9 Montana opinions name it 1 courts 2015–2024 3 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. W. Lawrencegreen2 sentences2017Finally, if we determine that application of the plain error doctrine is unwarranted, we “need not address the merits of the alleged error.” Stutzman, ¶ 23; see also State v. Lawrence, 2016 MT 346 , ¶¶ 11–12, 386 Mont. 86 , 385 P.3d 968 . ¶9 While it is improper for prosecutors to offer personal opinions as to a defendant’s or witness’s credibility, or the guilt or innocence of the accused, State v. Stringer, 271 Mont. 367 , 380–81, 897 P.3d 1063 , 1071–72 (1995), prosecutors may comment on a myriad of issues including the gravity of the crime charged, the volume of evidence, credibility of wi 2017Finally, if we determine that application of the plain error doctrine is unwarranted, we “need not address the merits of the alleged error.” Stutzman, ¶ 23; see also State v. Lawrence, 2016 MT 346 , ¶¶ 11–12, 386 Mont. 86 , 385 P.3d 968 . ¶9 While it is improper for prosecutors to offer personal opinions as to a defendant’s or witness’s credibility, or the guilt or innocence of the accused, State v. Stringer, 271 Mont. 367 , 380–81, 897 P.3d 1063 , 1071–72 (1995), prosecutors may comment on a myriad of issues including the gravity of the crime charged, the volume of evidence, credibility of wi | 3 | 3 |
Liteky v. United Statesgreen2 sentences2017However, “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555 , 114 S. Ct. 1147, 1157 (1994) (citation omitted); see also § 3-1-805(1)(b), MCA (an affidavit of disqualification is deemed not to have been made in good faith if it is based solely on rulings in the case). ¶25 Further, we question whether District Court made any Faretta error. 2017However, “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555 , 114 S. Ct. 1147, 1157 (1994) (citation omitted); see also § 3-1-805(1)(b), MCA (an affidavit of disqualification is deemed not to have been made in good faith if it is based solely on rulings in the case). ¶25 Further, we question whether District Court made any Faretta error. | 2 | 2 |
State v. Stringergreen1 sentence2017Finally, if we determine that application of the plain error doctrine is unwarranted, we “need not address the merits of the alleged error.” Stutzman, ¶ 23; see also State v. Lawrence, 2016 MT 346 , ¶¶ 11–12, 386 Mont. 86 , 385 P.3d 968 . ¶9 While it is improper for prosecutors to offer personal opinions as to a defendant’s or witness’s credibility, or the guilt or innocence of the accused, State v. Stringer, 271 Mont. 367 , 380–81, 897 P.3d 1063 , 1071–72 (1995), prosecutors may comment on a myriad of issues including the gravity of the crime charged, the volume of evidence, credibility of wi | 1 | 1 |
Johnson v. United Statesgreen2 sentences2015Johnson v. United States, 520 U.S. 461, 466-67 , 117 S. Ct. 1544, 1548-49 (1997). 23 Court, the guidance that is provided to litigants and trial courts will generally outweigh any effort saved by declining to address the merits of the alleged error. ¶43 In my opinion, we must remain consistent with Finley and the principles articulated in federal precedent upon which Finley relied. 2015Johnson v. United States, 520 U.S. 461, 466-67 , 117 S. Ct. 1544, 1548-49 (1997). 23 Court, the guidance that is provided to litigants and trial courts will generally outweigh any effort saved by declining to address the merits of the alleged error. ¶43 In my opinion, we must remain consistent with Finley and the principles articulated in federal precedent upon which Finley relied. | 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. M. Stutzman
green
2 sentences2022Conversely, if application of the plain error doctrine is unwarranted, this Court “need not address the merits of the alleged error.” State v. Stutzman, 2017 MT 169, ¶ 23 , 388 Mont. 133 , 398 P.3d 265 (citations omitted). ¶17 Hamm specifically asserts that the jury should have been instructed “that a person who commits every element of an offense and therefore personally commits the offense cannot, as a matter of law, be legally accountable for that offense.” However, Hamm’s assertion that the jury should have been instructed with this language is based on the same defective reading of § 45-5 2022Conversely, if application of the plain error doctrine is unwarranted, this Court “need not address the merits of the alleged error.” State v. Stutzman, 2017 MT 169, ¶ 23 , 388 Mont. 133 , 398 P.3d 265 (citations omitted). ¶17 Hamm specifically asserts that the jury should have been instructed “that a person who commits every element of an offense and therefore personally commits the offense cannot, as a matter of law, be legally accountable for that offense.” However, Hamm’s assertion that the jury should have been instructed with this language is based on the same defective reading of § 45-5 | 2 | 2022–2022 |
State v. Thorp
green
2 sentences2017See State v. Lawrence, 2016 MT 346, ¶¶ 11-12 , 386 Mont. 86 , 385 P.3d 968 ; State v. Thorp, 2010 MT 92, ¶ 25 , 356 Mont. 150 , 231 P.3d 1096 . ¶24 Trial on the charge that Stutzman sexually assaulted R.W. focused on the incident that allegedly occurred in the tent. 2017See State v. Lawrence, 2016 MT 346, ¶¶ 11-12 , 386 Mont. 86 , 385 P.3d 968 ; State v. Thorp, 2010 MT 92, ¶ 25 , 356 Mont. 150 , 231 P.3d 1096 . ¶24 Trial on the charge that Stutzman sexually assaulted R.W. focused on the incident that allegedly occurred in the tent. | 2 | 2017–2017 |
State v. M. Lau
neutral
2 sentences2024State v. Lau, 2018 MT 93, ¶ 7 , 391 Mont. 204 , 415 P.3d 993 . ¶31 While the State concedes the alleged violation implicates Reinke’s fundamental right to be present, Reinke has not persuaded us that plain error review is necessary. 2024State v. Lau, 2018 MT 93, ¶ 7 , 391 Mont. 204 , 415 P.3d 993 . ¶31 While the State concedes the alleged violation implicates Reinke’s fundamental right to be present, Reinke has not persuaded us that plain error review is necessary. | 1 | 2024–2024 |
State v. Bashor
green
2 sentences2017Finally, if we determine that application of the plain error doctrine is unwarranted, we “need not address the merits of the alleged error.” Stutzman, ¶ 23; see also State v. Lawrence, 2016 MT 346 , ¶¶ 11–12, 386 Mont. 86 , 385 P.3d 968 . ¶9 While it is improper for prosecutors to offer personal opinions as to a defendant’s or witness’s credibility, or the guilt or innocence of the accused, State v. Stringer, 271 Mont. 367 , 380–81, 897 P.3d 1063 , 1071–72 (1995), prosecutors may comment on a myriad of issues including the gravity of the crime charged, the volume of evidence, credibility of wi 2017Finally, if we determine that application of the plain error doctrine is unwarranted, we “need not address the merits of the alleged error.” Stutzman, ¶ 23; see also State v. Lawrence, 2016 MT 346 , ¶¶ 11–12, 386 Mont. 86 , 385 P.3d 968 . ¶9 While it is improper for prosecutors to offer personal opinions as to a defendant’s or witness’s credibility, or the guilt or innocence of the accused, State v. Stringer, 271 Mont. 367 , 380–81, 897 P.3d 1063 , 1071–72 (1995), prosecutors may comment on a myriad of issues including the gravity of the crime charged, the volume of evidence, credibility of wi | 1 | 2017–2017 |
United States v. Atkinson
green
2 sentences2015In Finley we adopted the plain error standard used by the United States Supreme Court in United States v. Atkinson, 297 U.S. 157 , 56 S. Ct. 391 (1936). 2015In Finley we adopted the plain error standard used by the United States Supreme Court in United States v. Atkinson, 297 U.S. 157 , 56 S. Ct. 391 (1936). | 1 | 2015–2015 |
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.