Swanson rule in Montana

8 Montana opinions name it 1 courts 1983–2002 0 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)

Case	Followed	Cited
State, City of Bozeman v. Petersongreen mont · 1987 · cited in 2 Montana opinions naming this issue, 1988–1997 2 sentences 1988“If a blood test of the defend ant is unavailable through no unreasonable acts of an officer or officers, the Swanson rule does not apply.” Peterson, 739 P.2d at 961 . 1988“If a blood test of the defend ant is unavailable through no unreasonable acts of an officer or officers, the Swanson rule does not apply.” Peterson, 739 P.2d at 961 .	1	2
Whirry v. Swansongreen mont · 1992 · cited in 1 Montana opinions naming this issue, 2001–2001 2 sentences 2001Whirry, 254 Mont. at 255 , 836 P.2d at 1231 (Trieweiler, J., dissenting). 2001Whirry, 254 Mont. at 255 , 836 P.2d at 1231 (Trieweiler, J., dissenting).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

Case	Cited	Years
State v. Swanson green mont · 1986 2 sentences 2002So, the first criterion of our Sidmore test was unequivocally met in Lau, whereas it was not met here. ¶30 Second, whatever Minkoff read into the police officer’s statements made to him, the officer did not “unreasonably impede” MinkofTs right to obtain an independent blood test, as the second criterion of Sidmore requires. ¶31 The Court here concedes that the Sidmore Court clarified the “Swanson rule,” established in the case of State v. Swanson (1986), 222 Mont. 357 , 722 P.2d 1155 . 2002So, the first criterion of our Sidmore test was unequivocally met in Lau, whereas it was not met here. ¶30 Second, whatever Minkoff read into the police officer’s statements made to him, the officer did not “unreasonably impede” MinkofTs right to obtain an independent blood test, as the second criterion of Sidmore requires. ¶31 The Court here concedes that the Sidmore Court clarified the “Swanson rule,” established in the case of State v. Swanson (1986), 222 Mont. 357 , 722 P.2d 1155 .	3	1987–2002
Williams v. United States green scotus · 1971 2 sentences 1987Retroactive effect should be given to new constitutional rules “whose major purpose is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials.” United States v. Johnson, 457 U.S. at 544 , 102 S.Ct. at 2584 , 73 L.Ed.2d at 210 (quoting Williams v. United States (1971), 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 ). 1987Retroactive effect should be given to new constitutional rules “whose major purpose is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials.” United States v. Johnson, 457 U.S. at 544 , 102 S.Ct. at 2584 , 73 L.Ed.2d at 210 (quoting Williams v. United States (1971), 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 ).	2	1987–1987
United States v. Johnson red scotus · 1982 2 sentences 1987Retroactive effect should be given to new constitutional rules “whose major purpose is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials.” United States v. Johnson, 457 U.S. at 544 , 102 S.Ct. at 2584 , 73 L.Ed.2d at 210 (quoting Williams v. United States (1971), 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 ). 1987Retroactive effect should be given to new constitutional rules “whose major purpose is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials.” United States v. Johnson, 457 U.S. at 544 , 102 S.Ct. at 2584 , 73 L.Ed.2d at 210 (quoting Williams v. United States (1971), 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 ).	2	1987–1987
Fisher v. Missoula White Pine Sash Company green mont · 1974 2 sentences 1983American Hardware also contends that the decision in Swanson, supra, overruled Fisher v. Missoula White Pine Sash Company v. Michigan Mutual Liability Company (1974), 164 Mont. 41 , 518 P.2d 795 , and thus constitutes “new” decisional law which should not be given retroactive application. 1983American Hardware also contends that the decision in Swanson, supra, overruled Fisher v. Missoula White Pine Sash Company v. Michigan Mutual Liability Company (1974), 164 Mont. 41 , 518 P.2d 795 , and thus constitutes “new” decisional law which should not be given retroactive application.	2	1983–1983
Swanson v. Champion International Corp. green mont · 1982 2 sentences 1983American Hardware cross-appeals from the application by the Workers Compensation Court of the Swanson rule (Swanson v. Champion International Corporation (1982), 197 Mont. 509 , 646 P.2d 1166 , 39 St.Rep. 639 ), to the subrogation rights of American Hardware. 1983American Hardware cross-appeals from the application by the Workers Compensation Court of the Swanson rule (Swanson v. Champion International Corporation (1982), 197 Mont. 509 , 646 P.2d 1166 , 39 St.Rep. 639 ), to the subrogation rights of American Hardware.	2	1983–1983
Tuttle v. Morrison-Knudsen Co., Inc. green mont · 1978 2 sentences 1983American Hardware contends that the court has made a retroactive application of the Swanson rule and that the company is entitled to have its subrogation right determined according to Tuttle v. Morrison-Knudsen Company, Inc. (1978), 177 Mont. 166 , 580 P.2d 1379 . 1983American Hardware contends that the court has made a retroactive application of the Swanson rule and that the company is entitled to have its subrogation right determined according to Tuttle v. Morrison-Knudsen Company, Inc. (1978), 177 Mont. 166 , 580 P.2d 1379 .	2	1983–1983
State v. Sidmore green mont · 1997 2 sentences 2002Sidmore, 286 Mont. at 234-35 , 951 P.2d at 568-69 . 2002Sidmore, 286 Mont. at 234-35 , 951 P.2d at 568-69 .	1	2002–2002
State v. Clark green mont · 1988 2 sentences 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 . 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 .	1	1997–1997
City of Whitefish v. Pinson green mont · 1995 2 sentences 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 . 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 .	1	1997–1997
State v. Strand green mont · 1997 2 sentences 1997Furthermore, after this appeal was submitted on briefs, we decided the case of City of Kalispell v. Strand (1997) [ 286 Mont. 122 ], 951 P.2d 552 . 1997Furthermore, after this appeal was submitted on briefs, we decided the case of City of Kalispell v. Strand (1997) [ 286 Mont. 122 ], 951 P.2d 552 .	1	1997–1997
State v. Klinkhammer green mont · 1993 2 sentences 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 . 1997We subsequently quoted the criteria necessary for the Swanson rule to apply again in Clark, 762 P.2d at 856 ; Klinkhammer, 846 P.2d at 1011 ; and Pinson, 895 P.2d at 612 .	1	1997–1997
State v. Christopherson green mont · 1985 2 sentences 1987In deciding Swanson, this Court relied on the Arizona Court of Appeals' interpretation of a statute identical to $ 61-8-405(2), MCA, in Smith v. Cada (Ariz. Ct. App. 1977), 562 1 The District Court in its order denying the motion cited State v. Christopherson (Mont. 1985), 705 P.2d 121 , 42 St.Rep. 1320 . 1987In deciding Swanson, this Court relied on the Arizona Court of Appeals' interpretation of a statute identical to $ 61-8-405(2), MCA, in Smith v. Cada (Ariz. Ct. App. 1977), 562 1 The District Court in its order denying the motion cited State v. Christopherson (Mont. 1985), 705 P.2d 121 , 42 St.Rep. 1320 .	1	1987–1987
Smith v. Cada green arizctapp · 1977 2 sentences 1987In deciding Swanson, this Court relied on the Arizona Court of Appeals’ interpretation of a statute identical to Section 61-8-405(2), MCA, in Smith v. Cada (Ct.App. 1977), 114 Ariz. 510 , 562 P.2d 390 . 1987In deciding Swanson, this Court relied on the Arizona Court of Appeals’ interpretation of a statute identical to Section 61-8-405(2), MCA, in Smith v. Cada (Ct.App. 1977), 114 Ariz. 510 , 562 P.2d 390 .	1	1987–1987

Statutes the citing opinions construe

MT § Mont. Code Ann. § 61-8-405 (4) MT § Mont. Code Ann. § 61-8-402 (3)

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

MT 8 (1983–2002) MN 4 (1987–2016) IL 3 (1978–2014) GA 3 (2001–2022) OH 3 (1996–2001) IA 2 (2003–2014) PA 2 (1943–2000)

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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