right to an evidentiary hearing (Montana) · Go Syfert
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right to an evidentiary hearing in Montana

8 Montana opinions name it 1 courts 2003–2025 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.

Followed or applied (2)

CaseFollowedCited
Coleman v. Stategreen
mont · 1981 · cited in 1 Montana opinions naming this issue, 2025–2025
2 sentences

2025Accordingly, “[i]t is not error to deny an application for post-conviction relief without an evidentiary hearing if the allegations are without merit or would otherwise not entitle the petitioner to relief.” Coleman v. State, 194 Mont. 428, 433 , 633 P.2d 624, 627 (1981). ¶14 This Court has recognized that “postconviction proceedings are not a fishing expedition or discovery device in which a petitioner, through broad allegations in a verified petition, may establish a right to an evidentiary hearing.” Robinson v. State, 2010 MT 108, ¶ 18 , 356 Mont. 282 , 232 P.3d 403 .

2025Accordingly, “[i]t is not error to deny an application for post-conviction relief without an evidentiary hearing if the allegations are without merit or would otherwise not entitle the petitioner to relief.” Coleman v. State, 194 Mont. 428, 433 , 633 P.2d 624, 627 (1981). ¶14 This Court has recognized that “postconviction proceedings are not a fishing expedition or discovery device in which a petitioner, through broad allegations in a verified petition, may establish a right to an evidentiary hearing.” Robinson v. State, 2010 MT 108, ¶ 18 , 356 Mont. 282 , 232 P.3d 403 .

11
State v. Lewisgreen
mont · 1978 · cited in 1 Montana opinions naming this issue, 2025–2025
2 sentences

2025Specifically, for postconviction claims of ineffective assistance of counsel, we have held that such claims “must be grounded upon facts which appear in or are easily deduced from the record and which go beyond the mere conclusory 7 allegations in the defendant’s affidavit.” Kelly v. State, 2013 MT 21, ¶ 9 , 368 Mont. 309 , 300 P.3d 120 (quoting State v. Lewis, 177 Mont. 474, 485 , 582 P.2d 346, 352-53 (1978)). ¶15 In assessing claims of ineffective assistance of counsel, this Court applies the two-prong test articulated by the U.S. Supreme Court in Strickland.

2025Specifically, for postconviction claims of ineffective assistance of counsel, we have held that such claims “must be grounded upon facts which appear in or are easily deduced from the record and which go beyond the mere conclusory 7 allegations in the defendant’s affidavit.” Kelly v. State, 2013 MT 21, ¶ 9 , 368 Mont. 309 , 300 P.3d 120 (quoting State v. Lewis, 177 Mont. 474, 485 , 582 P.2d 346, 352-53 (1978)). ¶15 In assessing claims of ineffective assistance of counsel, this Court applies the two-prong test articulated by the U.S. Supreme Court in Strickland.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Smith v. State green
mont · 2000
2 sentences

2010Smith v. State, 2000 MT 327, ¶ 28 , 303 Mont. 47 , 15 P.3d 395 .

2010Smith v. State, 2000 MT 327, ¶ 28 , 303 Mont. 47 , 15 P.3d 395 .

62003–2010
Robinson v. State green
mont · 2010
2 sentences

2025Accordingly, “[i]t is not error to deny an application for post-conviction relief without an evidentiary hearing if the allegations are without merit or would otherwise not entitle the petitioner to relief.” Coleman v. State, 194 Mont. 428, 433 , 633 P.2d 624, 627 (1981). ¶14 This Court has recognized that “postconviction proceedings are not a fishing expedition or discovery device in which a petitioner, through broad allegations in a verified petition, may establish a right to an evidentiary hearing.” Robinson v. State, 2010 MT 108, ¶ 18 , 356 Mont. 282 , 232 P.3d 403 .

2025Accordingly, “[i]t is not error to deny an application for post-conviction relief without an evidentiary hearing if the allegations are without merit or would otherwise not entitle the petitioner to relief.” Coleman v. State, 194 Mont. 428, 433 , 633 P.2d 624, 627 (1981). ¶14 This Court has recognized that “postconviction proceedings are not a fishing expedition or discovery device in which a petitioner, through broad allegations in a verified petition, may establish a right to an evidentiary hearing.” Robinson v. State, 2010 MT 108, ¶ 18 , 356 Mont. 282 , 232 P.3d 403 .

12025–2025
Gyme Kelly v. State green
mont · 2013
2 sentences

2025Specifically, for postconviction claims of ineffective assistance of counsel, we have held that such claims “must be grounded upon facts which appear in or are easily deduced from the record and which go beyond the mere conclusory 7 allegations in the defendant’s affidavit.” Kelly v. State, 2013 MT 21, ¶ 9 , 368 Mont. 309 , 300 P.3d 120 (quoting State v. Lewis, 177 Mont. 474, 485 , 582 P.2d 346, 352-53 (1978)). ¶15 In assessing claims of ineffective assistance of counsel, this Court applies the two-prong test articulated by the U.S. Supreme Court in Strickland.

2025Specifically, for postconviction claims of ineffective assistance of counsel, we have held that such claims “must be grounded upon facts which appear in or are easily deduced from the record and which go beyond the mere conclusory 7 allegations in the defendant’s affidavit.” Kelly v. State, 2013 MT 21, ¶ 9 , 368 Mont. 309 , 300 P.3d 120 (quoting State v. Lewis, 177 Mont. 474, 485 , 582 P.2d 346, 352-53 (1978)). ¶15 In assessing claims of ineffective assistance of counsel, this Court applies the two-prong test articulated by the U.S. Supreme Court in Strickland.

12025–2025
In Re the Proposed Disciplinary Treatment of the Occupational Veterinarian's License of Peila green
mont · 1991
2 sentences

2012Peila, 249 Mont. at 280 , 815 P.2d at 144 .

2012Peila, 249 Mont. at 280 , 815 P.2d at 144 .

12012–2012
Smith v. Montana neutral
scotus · 2001
2 sentences

2003Smith v. State, 2000 MT 327, ¶ 28 , 303 Mont. 47, ¶ 28 , 15 P.3d 395, ¶ 28 , cert. denied, 533 U.S. 917 , 121 S.Ct. 2524 , 150 L.Ed.2d 696 (2001).

2003Smith v. State, 2000 MT 327, ¶ 28 , 303 Mont. 47, ¶ 28 , 15 P.3d 395, ¶ 28 , cert. denied, 533 U.S. 917 , 121 S.Ct. 2524 , 150 L.Ed.2d 696 (2001).

12003–2003

Statutes the citing opinions construe

MT § Mont. Code Ann. § 46-21-104 (5)

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.

Where else courts name it

PA 107 (1979–2026) CA 48 (1970–2026) OH 32 (1997–2026) IL 23 (1970–2026) TX 19 (1969–2017) TN 14 (1970–2024) GA 12 (2003–2021) WI 10 (1992–2022) FL 9 (1992–2024) CT 9 (1991–2019) MT 8 (2003–2025) MS 8 (2007–2024) MI 8 (1981–2024) AK 6 (2009–2022) MN 6 (1966–2017) DC 6 (1991–2019) AL 5 (1994–2005) CO 5 (1987–2025) NY 4 (1973–1998) WV 4 (1978–1990) MA 4 (1992–2019) AZ 3 (2016–2026) NV 3 (1974–2020) IN 3 (1991–2018) KS 3 (1965–1967) LA 3 (1985–2009) NH 3 (2007–2021) MO 3 (1980–2011) NJ 3 (1981–2022) MD 2 (1996–2000) RI 2 (2009–2017) OK 2 (1994–1994)

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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