7 Montana opinions name it 1 courts 2004–2024 2 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. Insuagreen2 sentences2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d 2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d | 2 | 3 |
Liteky v. United Statesgreen2 sentences2017However, “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555 , 114 S. Ct. 1147, 1157 (1994) (citation omitted); see also § 3-1-805(1)(b), MCA (an affidavit of disqualification is deemed not to have been made in good faith if it is based solely on rulings in the case). ¶25 Further, we question whether District Court made any Faretta error. 2017However, “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555 , 114 S. Ct. 1147, 1157 (1994) (citation omitted); see also § 3-1-805(1)(b), MCA (an affidavit of disqualification is deemed not to have been made in good faith if it is based solely on rulings in the case). ¶25 Further, we question whether District Court made any Faretta error. | 2 | 2 |
State v. T. Cheetham Sr.green2 sentences2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d 2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d | 2 | 2 |
State v. Aguadogreen2 sentences2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d 2017See State v. Insua, 2004 MT 14, ¶ 19 , 319 Mont. 254 , 84 P.3d 11 (“[i]n applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and disadvantages of self-representation as long as the court makes inquiry of the defendant to the extent it deems necessary to ensure *364 that the defendant’s waiver of counsel is voluntary, knowing, and intelligent.”). 5 While we have cautioned about the use of Gillham proceedings outside of the postconviction context, State v. Cheetham, 2016 MT 151, ¶ 29 , 384 Mont. 1 , 373 P.3d | 2 | 2 |
Faretta v. Californiagreen2 sentences2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh 2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh | 1 | 4 |
State v. Langfordgreen2 sentences2013No particular sort of questioning or inquiry is required before a trial court allows a defendant to represent himself or herself, so long as the court is satisfied that the defendant is “aware of the dangers and disadvantages of self-representation, so that ... ‘he knows what he is doing and his choice is made with eyes open.’ ’’State v. Langford, 267 Mont. 95, 99 , 882 P.2d 490, 492 (1994), quoting Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 . ‘In applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and di 2013No particular sort of questioning or inquiry is required before a trial court allows a defendant to represent himself or herself, so long as the court is satisfied that the defendant is “aware of the dangers and disadvantages of self-representation, so that ... ‘he knows what he is doing and his choice is made with eyes open.’ ’’State v. Langford, 267 Mont. 95, 99 , 882 P.2d 490, 492 (1994), quoting Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 . ‘In applying the Faretta standard, we have repeatedly held that a trial court is not required to advise a defendant specifically of the dangers and di | 1 | 3 |
Montana v. Coltgreen2 sentences2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh 2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh | 1 | 2 |
Iowa v. Tovargreen2 sentences2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh 2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh | 1 | 1 |
United States v. Erik D. Erskinegreen2 sentences2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh 2024Winzenburg, ¶¶ 20-24; Colt, 255 Mont. at 403 and 406-07, 843 P.2d at 749 and 751; Faretta, 422 U.S. at 835 , 95 S. Ct. at 2541 .6 Though a more detailed advisory may be more advantageous in some cases, the so-called Faretta inquiry or advisory neither requires the trial court to specifically apprise an accused as to any particular fact or legal defenses, mitigations, or other potential trial strategies or options available in a particular case, or to rigidly exhaust any particular formula, catalog, checklist, litany, script, or colloquy of concerns “essential to a broad understanding of the wh | 1 | 1 |
Von Moltke v. Gilliesgreen2 sentences2022A waiver of trial counsel should “be made with apprehension 9 of the nature of the charges, the statutory offenses included within them, [and] the range of allowable punishments thereunder[.]” Von Moltke v. Gillies, 332 U.S. 708, 724 , 68 S. Ct. 316, 321 (1948) (plurality opinion of Black, J.). 2022A waiver of trial counsel should “be made with apprehension 9 of the nature of the charges, the statutory offenses included within them, [and] the range of allowable punishments thereunder[.]” Von Moltke v. Gillies, 332 U.S. 708, 724 , 68 S. Ct. 316, 321 (1948) (plurality opinion of Black, J.). | 1 | 1 |
United States v. Gerritsengreen2 sentences2013United States v. Gerritsen, 571 F.3d 1001, 1008 (9th Cir. 2009). 2013United States v. Gerritsen, 571 F.3d 1001, 1008 (9th Cir. 2009). | 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. Barrows
green
2 sentences2022STANDARD OF REVIEW ¶16 “The validity of a Faretta waiver is a mixed question of law and fact reviewed de novo.” State v. Barrows, 2018 MT 204, ¶ 9 , 392 Mont. 358 , 424 P.3d 612 . 2022STANDARD OF REVIEW ¶16 “The validity of a Faretta waiver is a mixed question of law and fact reviewed de novo.” State v. Barrows, 2018 MT 204, ¶ 9 , 392 Mont. 358 , 424 P.3d 612 . | 1 | 2022–2022 |
Petition of Gillham
green
2 sentences2017It is not raised as an independent issue on appeal. 3 In re Gillham, 216 Mont. 279 , 704 P.2d 1019 (1985). 4 OPD was then determining Howard’s eligibility for public defender services pursuant to his pending application. 5 We note that even if Faretta warnings were required when Howard subsequently decided to represent himself, the court’s Faretta warnings, although brief, explained the hazards of self-representation and were likely sufficient. 2017It is not raised as an independent issue on appeal. 3 In re Gillham, 216 Mont. 279 , 704 P.2d 1019 (1985). 4 OPD was then determining Howard’s eligibility for public defender services pursuant to his pending application. 5 We note that even if Faretta warnings were required when Howard subsequently decided to represent himself, the court’s Faretta warnings, although brief, explained the hazards of self-representation and were likely sufficient. | 1 | 2017–2017 |
State v. Woods
green
2 sentences2004The State, emphasizing our opinion in Colt , which adopted the United States Supreme Court’s standards in Faretta v. California (1975), 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 , and our decision in State v. Woods (1997), 283 Mont. 359 , 942 P.2d 88 , argues that the District Court’s colloquy satisfied the Faretta inquiry. ¶19 Faretta required that a defendant “should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , 2004The State, emphasizing our opinion in Colt , which adopted the United States Supreme Court’s standards in Faretta v. California (1975), 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 , and our decision in State v. Woods (1997), 283 Mont. 359 , 942 P.2d 88 , argues that the District Court’s colloquy satisfied the Faretta inquiry. ¶19 Faretta required that a defendant “should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , | 1 | 2004–2004 |
State v. Markuson
neutral
2 sentences2004State v. Markuson, 2003 MT 206, ¶ 13 , 317 Mont. 43, ¶ 13 , 75 P.3d 298, ¶ 13 ; see also, Colt, 255 Mont. at 404 , 843 P.2d at 747 ; State v. Woods (1997), 283 Mont. 359, 375 , 942 P.2d 88, 97 ; State v. Langford (1994), 267 Mont. 95, 99 , 882 P.2d 490, 492 . ¶20 Our test, instead of merely requiring a court to recite a litany of dangers about self-representation that may or may not inform a *261 defendant about all relevant concerns, requires that a court receive sufficient evidence to support a finding that a defendant’s decision to waive the right to counsel and exercise his right to repres 2004State v. Markuson, 2003 MT 206, ¶ 13 , 317 Mont. 43, ¶ 13 , 75 P.3d 298, ¶ 13 ; see also, Colt, 255 Mont. at 404 , 843 P.2d at 747 ; State v. Woods (1997), 283 Mont. 359, 375 , 942 P.2d 88, 97 ; State v. Langford (1994), 267 Mont. 95, 99 , 882 P.2d 490, 492 . ¶20 Our test, instead of merely requiring a court to recite a litany of dangers about self-representation that may or may not inform a *261 defendant about all relevant concerns, requires that a court receive sufficient evidence to support a finding that a defendant’s decision to waive the right to counsel and exercise his right to repres | 1 | 2004–2004 |
Adams v. United States Ex Rel. McCann
green
2 sentences2004McCann (1942), 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 ). 2004McCann (1942), 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 ). | 1 | 2004–2004 |
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.