8 Montana opinions name it 1 courts 1901–2025 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. Stueckgreen2 sentences2025State v. Stueck, 280 Mont. 38, 42 , 929 P.2d 829, 832 (1996). 17 (5) If the arrested person has refused to provide a breath, blood, or urine sample under 61-8-409 or this section in a prior investigation in this state or under a substantially similar statute in another jurisdiction or the arrested person has a prior conviction or pending offense for a violation of 45-5-104, 45-5-106, 45-5-205, 61-8-401, 61-8-406, or 61-8-411 or a similar statute in another jurisdiction, the officer may apply for a search warrant to be issued pursuant to 46-5-224 to collect a sample of the person's blood for te 2025State v. Stueck, 280 Mont. 38, 42 , 929 P.2d 829, 832 (1996). 17 (5) If the arrested person has refused to provide a breath, blood, or urine sample under 61-8-409 or this section in a prior investigation in this state or under a substantially similar statute in another jurisdiction or the arrested person has a prior conviction or pending offense for a violation of 45-5-104, 45-5-106, 45-5-205, 61-8-401, 61-8-406, or 61-8-411 or a similar statute in another jurisdiction, the officer may apply for a search warrant to be issued pursuant to 46-5-224 to collect a sample of the person's blood for te | 1 | 1 |
In Re the Suspension of Driver's License of Blakegreen2 sentences2014Matter of the Suspension of the Driver’s License of Blake, 220 Mont. 27, 31 , 712 P.2d 1338, 1341 (1986). 2014Matter of the Suspension of the Driver’s License of Blake, 220 Mont. 27, 31 , 712 P.2d 1338, 1341 (1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blasdel v. Montana Power Co.
green
1 sentence2012Blasdel, 196 Mont. at 426 , 650 P.2d at 894. ¶43 Montana Pole operated a wood treatment plant in Butte, Montana, for nearly a century. | 1 | 2012–2012 |
Walton v. City of Bozeman
green
2 sentences2012The Court refused to bar Walton’s claim based on the running of the limitations period due to the fact that the City “at all times ... could have abated the nuisance by taking curative action.” Walton, 179 Mont. at 356 , 588 P.2d at 521 . 2012The Court refused to bar Walton’s claim based on the running of the limitations period due to the fact that the City “at all times ... could have abated the nuisance by taking curative action.” Walton, 179 Mont. at 356 , 588 P.2d at 521 . | 1 | 2012–2012 |
Fillinger v. Northwestern Agency, Inc.
green
2 sentences2000To that end the jury awarded the Hartles $4,500, presumably consisting of $2,380 for the value of the timber, as testified to by Yavah, and $2,120 for the damage to the land. ¶27 Accordingly, reviewing the refused instruction in its entirety and in connection with the other instructions given, as we are constrained to do, Moore , ¶ 21; Fillinger, 283 Mont. at 76 , 938 P.2d at 1350-51 , we hold that the District Court did not abuse its discretion and that the court correctly instructed the jury as to the measure of damages for injury to real property. 2000To that end the jury awarded the Hartles $4,500, presumably consisting of $2,380 for the value of the timber, as testified to by Yavah, and $2,120 for the damage to the land. ¶27 Accordingly, reviewing the refused instruction in its entirety and in connection with the other instructions given, as we are constrained to do, Moore , ¶ 21; Fillinger, 283 Mont. at 76 , 938 P.2d at 1350-51 , we hold that the District Court did not abuse its discretion and that the court correctly instructed the jury as to the measure of damages for injury to real property. | 1 | 2000–2000 |
State v. Madera
green
2 sentences1990The trial court refused the instruction based on our holding in State v. Madera (1983), 206 Mont. 140 , 670 P.2d 552 . 1990The trial court refused the instruction based on our holding in State v. Madera (1983), 206 Mont. 140 , 670 P.2d 552 . | 1 | 1990–1990 |
State v. Van Haele
green
2 sentences1983Finally, Van Haele contends that the District Court erred in considering a drug charge on which he had been *169 convicted, but was later reversed by this Court in State v. Van Haele (Mont. 1982), [ 199 Mont. 522 ,] 649 P.2d 1311 , 39 St.Rep. 1586 . 1983Finally, Van Haele contends that the District Court erred in considering a drug charge on which he had been *169 convicted, but was later reversed by this Court in State v. Van Haele (Mont. 1982), [ 199 Mont. 522 ,] 649 P.2d 1311 , 39 St.Rep. 1586 . | 1 | 1983–1983 |
Thielbar Realties, Inc. v. Insurance Co.
neutral
1 sentence1973He contends in an instruction offered but refused, that it was either first degree or acquittal and cites in support of the refused instruction State v. Miller, 91 Mont. 596, 598 , 9 P.2d 474, 475 , as establishing the law on the felony-murder rule. | 1 | 1973–1973 |
State v. Miller
neutral
1 sentence1973He contends in an instruction offered but refused, that it was either first degree or acquittal and cites in support of the refused instruction State v. Miller, 91 Mont. 596, 598 , 9 P.2d 474, 475 , as establishing the law on the felony-murder rule. | 1 | 1973–1973 |
State v. Hurst
neutral
1 sentence1901I do not consider’ the Hurst Case ( 23 Mont. 484 , 59 Pac. 911 ), as conclusive, nor the Hamilton Case ( 57 Iowa, 596 , 11 N. W. 5 ), cited with approval in the Hurst Case , as well considered, or supported at all by the sole authority to which it refers as deciding an alleged similar case. | 1 | 1901–1901 |
State v. Rorabacher
neutral
1 sentence1901(State v. Rorabacker, 19 Iowa, 154 .) The latter case was' one in which the refused instruction in effect declared that, one juror having a reasonable doubt, the twelve should acquit; whereas, the instruction in 57 Iowa, 11 . | 1 | 1901–1901 |
Long v. Emsley
neutral
1 sentence1901(State v. Rorabacker, 19 Iowa, 154 .) The latter case was' one in which the refused instruction in effect declared that, one juror having a reasonable doubt, the twelve should acquit; whereas, the instruction in 57 Iowa, 11 . | 1 | 1901–1901 |
State v. Hamilton
green
2 sentences1901I do not consider’ the Hurst Case ( 23 Mont. 484 , 59 Pac. 911 ), as conclusive, nor the Hamilton Case ( 57 Iowa, 596 , 11 N. W. 5 ), cited with approval in the Hurst Case , as well considered, or supported at all by the sole authority to which it refers as deciding an alleged similar case. 1901I do not consider’ the Hurst Case ( 23 Mont. 484 , 59 Pac. 911 ), as conclusive, nor the Hamilton Case ( 57 Iowa, 596 , 11 N. W. 5 ), cited with approval in the Hurst Case , as well considered, or supported at all by the sole authority to which it refers as deciding an alleged similar case. | 1 | 1901–1901 |
Ruggles v. Cannedy
green
1 sentence1901I do not consider’ the Hurst Case ( 23 Mont. 484 , 59 Pac. 911 ), as conclusive, nor the Hamilton Case ( 57 Iowa, 596 , 11 N. W. 5 ), cited with approval in the Hurst Case , as well considered, or supported at all by the sole authority to which it refers as deciding an alleged similar case. | 1 | 1901–1901 |
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.