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8 Montana opinions name it 1 courts 1978–2022 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 |
|---|---|---|
Cunningham v. Browngreen2 sentences2010Ohio 1993); In re United Energy Corp., 944 F.2d 589 , 590 n. 1 (9th Cir. 1991); Cunningham v. Brown, 265 U.S. 1, 7-8 , 44 S. Ct. 424, 425 (1924). 2 Davis first raised this defense in his answer to the complaint, but the District Court did not issue a final ruling on the defense until after trial. 3 The Mosleys assert that the jury was wrong on this point. 2010Ohio 1993); In re United Energy Corp., 944 F.2d 589 , 590 n. 1 (9th Cir. 1991); Cunningham v. Brown, 265 U.S. 1, 7-8 , 44 S. Ct. 424, 425 (1924). 2 Davis first raised this defense in his answer to the complaint, but the District Court did not issue a final ruling on the defense until after trial. 3 The Mosleys assert that the jury was wrong on this point. | 1 | 1 |
In Re the Marriage of Harpergreen2 sentences1994See, In re the Marriage of Harper (1988), 235 Mont. 41, 46-47 , 764 P.2d 1283, 1286 ; and State ex rel. 1994See, In re the Marriage of Harper (1988), 235 Mont. 41, 46-47 , 764 P.2d 1283, 1286 ; and State ex rel. | 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. Van Kirk
green
2 sentences2022However, even if the ruling was error, we conclude in these circumstances it was harmless. ¶14 In analyzing harmless error, we first consider whether the error was structural or trial error, State v. Van Kirk, 2001 MT 184, ¶ 37 , 306 Mont. 215 , 32 P.3d 735 , and have determined that deprivation of the defendant’s right to confront is trial error. 2022However, even if the ruling was error, we conclude in these circumstances it was harmless. ¶14 In analyzing harmless error, we first consider whether the error was structural or trial error, State v. Van Kirk, 2001 MT 184, ¶ 37 , 306 Mont. 215 , 32 P.3d 735 , and have determined that deprivation of the defendant’s right to confront is trial error. | 1 | 2022–2022 |
City of Helena v. Community of Rimini
neutral
2 sentences2019At the request of the parties, the Water Court stayed the case pending a decision by this Court in City of Helena v. Cmty. of Rimini , 2017 MT 145 , 388 Mont. 1 , 397 P.3d 1 , in which § 85-2-227(4), MCA, was at issue. 2019At the request of the parties, the Water Court stayed the case pending a decision by this Court in City of Helena v. Cmty. of Rimini , 2017 MT 145 , 388 Mont. 1 , 397 P.3d 1 , in which § 85-2-227(4), MCA, was at issue. | 1 | 2019–2019 |
cluster 568019
green
1 sentence2010Ohio 1993); In re United Energy Corp., 944 F.2d 589 , 590 n. 1 (9th Cir. 1991); Cunningham v. Brown, 265 U.S. 1, 7-8 , 44 S. Ct. 424, 425 (1924). 2 Davis first raised this defense in his answer to the complaint, but the District Court did not issue a final ruling on the defense until after trial. 3 The Mosleys assert that the jury was wrong on this point. | 1 | 2010–2010 |
State v. Hatten
green
2 sentences2000State v. Hatten, 1999 MT 298, ¶ 28 , 297 Mont. 127, ¶ 28 , 991 P.2d 939, ¶ 28 . ¶4 Stanko challenged prospective juror Long for cause after Long acknowledged during voir dire that he was acquainted with a prosecution witness and that he was a former law enforcement officer. 2000State v. Hatten, 1999 MT 298, ¶ 28 , 297 Mont. 127, ¶ 28 , 991 P.2d 939, ¶ 28 . ¶4 Stanko challenged prospective juror Long for cause after Long acknowledged during voir dire that he was acquainted with a prosecution witness and that he was a former law enforcement officer. | 1 | 2000–2000 |
State v. Counts
green
2 sentences1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . 1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . | 1 | 1988–1988 |
State v. Hedrick
neutral
2 sentences1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . 1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . | 1 | 1988–1988 |
State v. Murray
green
2 sentences1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . 1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . | 1 | 1988–1988 |
Schmoyer v. Bourdeau
green
2 sentences1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . 1988State v. Hedrick (Mont. 1987), [ 229 Mont. 145 ,] 745 P.2d 355, 357 , 44 St.Rep. 1849 , 1851; State v. Murray (Mont. 1987), [ 228 Mont. 125 ,] 741 P.2d 759, 762 , 44 St.Rep. 1394 , 1397; State v. Counts (1984), 209 Mont. 242, 247-48 , 679 P.2d 1245, 1248 ; Schmoyer v. Bourdeau (1966), 148 Mont. 340, 343 , 420 P.2d 316, 317-18 . | 1 | 1988–1988 |
Sun River Cattle Co. v. MINERS'BANK OF MONTANA
green
2 sentences1987We believe that this is an instance when this Court "should exercise its undoubted authority to take the initiative in disposing of litigation as expeditiously as possible ..." Sun River Cattle Co. v. Miner's Bank of Montana (1974), 164 Mont. 479, 481 , 525 P.2d 19, 20 ; quoting State ex rel. 1987We believe that this is an instance when this Court "should exercise its undoubted authority to take the initiative in disposing of litigation as expeditiously as possible ..." Sun River Cattle Co. v. Miner's Bank of Montana (1974), 164 Mont. 479, 481 , 525 P.2d 19, 20 ; quoting State ex rel. | 1 | 1987–1987 |
State v. Meidinger
green
2 sentences1978We will, however, briefly answer these contentions in light of the Court’s ruling on the doctrine of cumulative error in State v. Meidinger (1972), 160 Mont. 310, 321 , 502 P.2d 58, 65 , where the Court said: “* * * We cannot accept this contention. 1978We will, however, briefly answer these contentions in light of the Court’s ruling on the doctrine of cumulative error in State v. Meidinger (1972), 160 Mont. 310, 321 , 502 P.2d 58, 65 , where the Court said: “* * * We cannot accept this contention. | 1 | 1978–1978 |
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.