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8 Montana opinions name it 1 courts 1989–2021 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. Lameregreen2 sentences2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron 2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron | 1 | 1 |
Parker v. Gladdengreen2 sentences2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron 2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron | 1 | 1 |
Putro v. Bakergreen2 sentences2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron 2012“It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 ; accord State v. Lamere, 2005 MT 118, ¶ 24 , 327 Mont. 115 , 112 P.3d 1005 . ¶57 It is also well-established that “the evidence developed against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confron | 1 | 1 |
State v. LaMeregreen2 sentences2003See State v. LaMere, 2000 MT 45, ¶ 50 , 298 Mont. 358, ¶ 50 , 2 P.3d 204, ¶ 50 . 2003See State v. LaMere, 2000 MT 45, ¶ 50 , 298 Mont. 358, ¶ 50 , 2 P.3d 204, ¶ 50 . | 1 | 1 |
State v. Ardolinogreen1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1 |
State v. Ottwellgreen2 sentences1990“The doctrine of cumulative error ‘refers to a number of errors which prejudice defendant’s right to a fair trial.’" State v. Ottwell (1989), 239 Mont. 150, 157 , 779 P.2d 500, 504 (citations omitted). 1990“The doctrine of cumulative error ‘refers to a number of errors which prejudice defendant’s right to a fair trial.’" State v. Ottwell (1989), 239 Mont. 150, 157 , 779 P.2d 500, 504 (citations omitted). | 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. Herrman
green
2 sentences2020Applying the guidance that our precedent supplies, the District Court did not abuse its discretion in denying the challenge here. 15 Justice Laurie McKinnon, dissenting. ¶24 “It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 . 2020Applying the guidance that our precedent supplies, the District Court did not abuse its discretion in denying the challenge here. 15 Justice Laurie McKinnon, dissenting. ¶24 “It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” State v. Herrman, 2003 MT 149, ¶ 22 , 316 Mont. 198 , 70 P.3d 738 . | 2 | 2012–2020 |
Trump v. Mazars USA, LLP
green
1 sentence2021Rule 2.11(A) (“A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.”). ¶42 Again, the Legislature fails to “adequately identif[y] its aims and explai[n]” how the “the evidence offered” connects to the legislative purpose it puts forth. 24 Mazars, 140 S. Ct. at 2036 . | 1 | 2021–2021 |
State v. Chastain
green
2 sentences2005Chastain, 285 Mont. at 65 , 947 P.2d at 60 . ‘It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” Herrman , ¶ 22. 2005Chastain, 285 Mont. at 65 , 947 P.2d at 60 . ‘It is incontrovertible that jury impartiality goes to the very integrity of our justice system, and that the right to an impartial jury is so essential to our conception of a fair trial that its violation cannot be considered harmless error.” Herrman , ¶ 22. | 1 | 2005–2005 |
State v. Friel
green
1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1997–1997 |
State v. Sonen
green
1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1997–1997 |
Byrd v. State
green
1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1997–1997 |
Smith v. State
green
1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1997–1997 |
State v. Delfs
green
1 sentence1997See, e.g., State v. Ardolino (Me. 1997), 697 A.2d 73, 79 ; State v. Friel (Me. 1985), 500 A.2d 631, 634 ; Smith v. State (Ga. 1994), 439 S.E.2d 483, 485 ; Byrd v. State (Ga. 1992), 420 S.E.2d 748, 749 ; State v. Sonen (S.D. 1992), 492 N.W.2d 303, 306 ; State v. Delfs (S.D. 1986), 396 N.W.2d 749, 751 . | 1 | 1997–1997 |
Cassidy v. Fontham
green
2 sentences1989We therefore uphold the District Court’s decision in instructing the jury on the entire definition for “knowingly.” The last issue raised on appeal is whether the defendant was denied a fair trial under the doctrine of “cumulative error.” The doctrine of cumulative error “refers to a number of errors which prejudice defendant’s right to a fair trial.” State v. Close (Mont. 1981), [ 191 Mont. 229 ,] 623 P.2d 940, 948 , 38 St.Rep. 177 , 187-88. 1989We therefore uphold the District Court's decision in instructing the jury on the entire definition for "knowingly." The last issue raised on appeal is whether the defendant was denied a fair trial under the doctrine of "cumulative error." The doctrine of cumulative error "refers to a number of errors which prejudice defendant's right to a fair trial." State v. Close (Mont. 1981), 623 P.2d 940, 948 , 38 St.Rep. 177 , 187-88. | 1 | 1989–1989 |
State v. Close
green
2 sentences1989We therefore uphold the District Court’s decision in instructing the jury on the entire definition for “knowingly.” The last issue raised on appeal is whether the defendant was denied a fair trial under the doctrine of “cumulative error.” The doctrine of cumulative error “refers to a number of errors which prejudice defendant’s right to a fair trial.” State v. Close (Mont. 1981), [ 191 Mont. 229 ,] 623 P.2d 940, 948 , 38 St.Rep. 177 , 187-88. 1989We therefore uphold the District Court’s decision in instructing the jury on the entire definition for “knowingly.” The last issue raised on appeal is whether the defendant was denied a fair trial under the doctrine of “cumulative error.” The doctrine of cumulative error “refers to a number of errors which prejudice defendant’s right to a fair trial.” State v. Close (Mont. 1981), [ 191 Mont. 229 ,] 623 P.2d 940, 948 , 38 St.Rep. 177 , 187-88. | 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.