7 Montana opinions name it 1 courts 1899–2025 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.
| Case | Followed | Cited |
|---|---|---|
In Re the Custody & Parental Rights of D.S.green2 sentences2006The notion that attorneys have such power is, in my view, inconceivable. ¶36 Finally, I note DPHHS’s argument-in response to M.C.’s request for a hearing complying with statutory requirements-that “[t]he purpose of a remand is to remedy a substantial injustice, not to elevate form over substance.” As I have in the past, I observe again that this type of statement reflects “the untenable attitude which seems to permeate DPHHS, or at least its counsel, in these appeals.” See In re Custody and Parental Rights of D.S., 2005 MT 275, ¶ 50 , 329 Mont. 180, ¶ 50 , 122 P.3d 1239, ¶ 50 (Gray, C.J., conc 2006The notion that attorneys have such power is, in my view, inconceivable. ¶36 Finally, I note DPHHS’s argument-in response to M.C.’s request for a hearing complying with statutory requirements-that “[t]he purpose of a remand is to remedy a substantial injustice, not to elevate form over substance.” As I have in the past, I observe again that this type of statement reflects “the untenable attitude which seems to permeate DPHHS, or at least its counsel, in these appeals.” See In re Custody and Parental Rights of D.S., 2005 MT 275, ¶ 50 , 329 Mont. 180, ¶ 50 , 122 P.3d 1239, ¶ 50 (Gray, C.J., conc | 2 | 2 |
Town of Columbus v. Harringtongreen2 sentences2025Town of Columbus v. Harrington, 2001 MT 258, ¶¶ 18, 21 , 307 Mont. 215 , 36 P.3d 937 . ¶32 Importantly, in this context, the District Court was responding to Ament’s improper attempt to testify in his closing argument and introduce facts not in evidence. 2025Town of Columbus v. Harrington, 2001 MT 258, ¶¶ 18, 21 , 307 Mont. 215 , 36 P.3d 937 . ¶32 Importantly, in this context, the District Court was responding to Ament’s improper attempt to testify in his closing argument and introduce facts not in evidence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re At
green
2 sentences2010In the Matter of A.T., 2006 MT 35, ¶ 15 , 331 Mont. 155 , 130 P.3d 1249 . 2 R.H. and A.G. failed to object to the lack of hearing for the finding that reunification efforts were not necessary. 2010In the Matter of A.T., 2006 MT 35, ¶ 15 , 331 Mont. 155 , 130 P.3d 1249 . 2 R.H. and A.G. failed to object to the lack of hearing for the finding that reunification efforts were not necessary. | 2 | 2010–2010 |
Nelson v. San Joaquin Helicopters
green
2 sentences2020Nelson, 228 Mont. at 272 , 742 P.2d at 450 . ¶36 Here, in contrast to the lack of claim-related business contact with Montana in Cimarron, there is evidence, however disputed, that in addition to its significant business operations in Montana, Continental also had substantial claim-related business contact with the North Dakota well site from Montana. 2020Nelson, 228 Mont. at 272 , 742 P.2d at 450 . ¶36 Here, in contrast to the lack of claim-related business contact with Montana in Cimarron, there is evidence, however disputed, that in addition to its significant business operations in Montana, Continental also had substantial claim-related business contact with the North Dakota well site from Montana. | 1 | 2020–2020 |
Coffin v. United States
green
1 sentence1899The distinction between the presumption of innocence and a reasonable doubt has been drawn with great ability by Justice White, speaking for the court, in Coffin v. U. S., 156 U. S. 432 , 15 Sup. Ct. 394. | 1 | 1899–1899 |
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.
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.