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7 Montana opinions name it 1 courts 1913–2007 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.
| Case | Followed | Cited |
|---|---|---|
Ralph Harrison Benning v. William F. Amideogreen2 sentences2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. 2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. | 1 | 1 |
United States v. Robert Suarezgreen2 sentences2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. 2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. | 1 | 1 |
United States v. Allan C. Mugangreen2 sentences2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. 2007See U.S. v. Mugan, 441 F.3d 622, 627 (8th Cir. 2006); U.S. v. Suarez, 263 F.3d 468, 476 (6th Cir. 2001); and Benning v. Georgia, 391 F.3d 1299, 1303 (11th Cir. 2004). ¶36 However, when reviewing a constitutional challenge under strict scrutiny or middle-tier analysis, the burden to sustain the legislation would be upon the government. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Ottwellgreen2 sentences2001In support of his claim, Nelson relies on four non-Montana jurisdictions that have recognized affirmative defenses to allegations of driving while under the influence of alcohol. ¶13 Although Nelson urges this court to adopt the defense of necessity, this court has repeatedly stated that the statutory defense of compulsion merges with the common law defenses of necessity, *37 justification, compulsion, duress and “choice of two evils.” See State v. Cox (1994), 266 Mont. 110, 117 , 879 P.2d 662, 666 ; but see State v. Ottwell (1989), 240 Mont. 376, 381 , 784 P.2d 402, 405 (holding that a necess 2001In support of his claim, Nelson relies on four non-Montana jurisdictions that have recognized affirmative defenses to allegations of driving while under the influence of alcohol. ¶13 Although Nelson urges this court to adopt the defense of necessity, this court has repeatedly stated that the statutory defense of compulsion merges with the common law defenses of necessity, *37 justification, compulsion, duress and “choice of two evils.” See State v. Cox (1994), 266 Mont. 110, 117 , 879 P.2d 662, 666 ; but see State v. Ottwell (1989), 240 Mont. 376, 381 , 784 P.2d 402, 405 (holding that a necess | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Buhl v. Biosearch Medical Products, Inc.
green
2 sentences1988Mont. 1985), 635 F.Supp. 956, 961 . 1988"Were this Court to adopt the rule urged by plaintiffs, the issue of when a cause of action accrued would not be resolved until the jury returned with a verdict ..." Buhl v. Biosearch Medical Products, Inc. (D.Mont. 1985), 635 F. Supp. 956, 961 . | 2 | 1988–1988 |
State v. Deschon
green
2 sentences2006A review of our precedent, however, does not support this approach. ¶13 In State v. Deschon, 2002 MT 16, ¶ 18 , 308 Mont. 175, ¶ 18 , 40 P.3d 391, ¶ 18 , we addressed the issue of ineffective assistance of counsel due to attorney conflict of interest-although on different factual grounds. 2006A review of our precedent, however, does not support this approach. ¶13 In State v. Deschon, 2002 MT 16, ¶ 18 , 308 Mont. 175, ¶ 18 , 40 P.3d 391, ¶ 18 , we addressed the issue of ineffective assistance of counsel due to attorney conflict of interest-although on different factual grounds. | 1 | 2006–2006 |
State v. Cox
green
2 sentences2001In support of his claim, Nelson relies on four non-Montana jurisdictions that have recognized affirmative defenses to allegations of driving while under the influence of alcohol. ¶13 Although Nelson urges this court to adopt the defense of necessity, this court has repeatedly stated that the statutory defense of compulsion merges with the common law defenses of necessity, *37 justification, compulsion, duress and “choice of two evils.” See State v. Cox (1994), 266 Mont. 110, 117 , 879 P.2d 662, 666 ; but see State v. Ottwell (1989), 240 Mont. 376, 381 , 784 P.2d 402, 405 (holding that a necess 2001In support of his claim, Nelson relies on four non-Montana jurisdictions that have recognized affirmative defenses to allegations of driving while under the influence of alcohol. ¶13 Although Nelson urges this court to adopt the defense of necessity, this court has repeatedly stated that the statutory defense of compulsion merges with the common law defenses of necessity, *37 justification, compulsion, duress and “choice of two evils.” See State v. Cox (1994), 266 Mont. 110, 117 , 879 P.2d 662, 666 ; but see State v. Ottwell (1989), 240 Mont. 376, 381 , 784 P.2d 402, 405 (holding that a necess | 1 | 2001–2001 |
Litts v. Pierce County
green
2 sentences1973Plaintiff relies upon the recent case of Litts v. Pierce County, 5 Wash.App. 531 , 488 P.2d 785, 790 . and asks this Court to adopt the rule set down in that case. 1973Plaintiff relies upon the recent case of Litts v. Pierce County, 5 Wash.App. 531 , 488 P.2d 785, 790 . and asks this Court to adopt the rule set down in that case. | 1 | 1973–1973 |
Martin v. De Loge
neutral
2 sentences1913(Martin v. DeLoge, 15 Mont. 343 , 39 Pac. 312 ; Montana Ore Pur. 1913(Martin v. DeLoge, 15 Mont. 343 , 39 Pac. 312 ; Montana Ore Pur. | 1 | 1913–1913 |
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.