7 Montana opinions name it 1 courts 1977–2009 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 |
|---|---|---|
Miller v. County of Glaciergreen2 sentences2009Miller v. Glacier Co., 257 Mont. 422, 425 , 851 P.2d 401, 403 (1993) (citing Teamsters Union v. Lucas Flour Co., 369 U.S. 95 , 82 S. Ct. 571 (1962). 2009Miller v. Glacier Co., 257 Mont. 422, 425 , 851 P.2d 401, 403 (1993) (citing Teamsters Union v. Lucas Flour Co., 369 U.S. 95 , 82 S. Ct. 571 (1962). | 1 | 1 |
State v. Caingreen2 sentences1993See State v. Cain (1986), 220 Mont. 509 , 717 P.2d 15 . 1993See State v. Cain (1986), 220 Mont. 509 , 717 P.2d 15 . | 1 | 1 |
Estelle v. Williamsgreen2 sentences1993In Estelle , the United States Supreme Court explained the reasoning behind the rule that failure to raise an objection at trial constitutes waiver of one’s constitutional claim. “[I]f the defendant has an objection, there is an obligation to call the matter to the court’s attention so the trial judge will have an opportunity to remedy the situation.” Estelle, 425 U.S. at 508, n.3 , 96 S.Ct at 1695, n.3 . *419 We have addressed the issue of a defendant raising objections for the first time on appeal in a previous Montana case. 1993In Estelle , the United States Supreme Court explained the reasoning behind the rule that failure to raise an objection at trial constitutes waiver of one’s constitutional claim. “[I]f the defendant has an objection, there is an obligation to call the matter to the court’s attention so the trial judge will have an opportunity to remedy the situation.” Estelle, 425 U.S. at 508, n.3 , 96 S.Ct at 1695, n.3 . *419 We have addressed the issue of a defendant raising objections for the first time on appeal in a previous Montana case. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Small v. McRae
green
2 sentences2009The reasoning behind this rule is to encourage a “ ‘friendly adjustment of all disputes between public employers and their employees . . . .’ ” Small, 200 Mont. at 502 , 651 P.2d at 985 (quoting § 39-31-101, MCA). 8 ¶51 Federal law, rather than state law, governs the interpretation of the scope of a collective bargaining agreement. 2009The reasoning behind this rule is to encourage a “ ‘friendly adjustment of all disputes between public employers and their employees . . . .’ ” Small, 200 Mont. at 502 , 651 P.2d at 985 (quoting § 39-31-101, MCA). 8 ¶51 Federal law, rather than state law, governs the interpretation of the scope of a collective bargaining agreement. | 1 | 2009–2009 |
Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.
green
2 sentences2009Miller v. Glacier Co., 257 Mont. 422, 425 , 851 P.2d 401, 403 (1993) (citing Teamsters Union v. Lucas Flour Co., 369 U.S. 95 , 82 S. Ct. 571 (1962). 2009Miller v. Glacier Co., 257 Mont. 422, 425 , 851 P.2d 401, 403 (1993) (citing Teamsters Union v. Lucas Flour Co., 369 U.S. 95 , 82 S. Ct. 571 (1962). | 1 | 2009–2009 |
Strickland v. Washington
green
2 sentences2002The reasoning behind this rule is that a silent record cannot rebut the strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance under this Court’s analysis based on Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . 2002The reasoning behind this rule is that a silent record cannot rebut the strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance under this Court’s analysis based on Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . | 1 | 2002–2002 |
Utick v. Utick
green
2 sentences2000Utick, 181 Mont. at 355 , 593 P.2d at 741 (citing 3 Larson’s Workmen’s Compensation Law § 82.71). ¶21 Hence, lump-sum settlements were granted only in exceptional circumstances, i.e., when there was evidence of outstanding indebtedness or a pressing need, or in circumstances in which the best interests of the claimant, the claimant’s family, or the general public justified such a settlement. 2000Utick, 181 Mont. at 355 , 593 P.2d at 741 (citing 3 Larson’s Workmen’s Compensation Law § 82.71). ¶21 Hence, lump-sum settlements were granted only in exceptional circumstances, i.e., when there was evidence of outstanding indebtedness or a pressing need, or in circumstances in which the best interests of the claimant, the claimant’s family, or the general public justified such a settlement. | 1 | 2000–2000 |
Bails v. Stan Gar
green
1 sentence1982Bails, 558 P.2d at 461-462 . | 1 | 1982–1982 |
In Re the Adoption of Biery
green
2 sentences1977The reasoning behind such a rule appears in the language of this Court in the case of In the Matter of the Adoption of Biery, 164 Mont. 353 , 522 P.2d 1377 (1974): “What is, or what is not in the best interest of the child depends upon the facts and circumstances of each case. 1977The reasoning behind such a rule appears in the language of this Court in the case of In the Matter of the Adoption of Biery, 164 Mont. 353 , 522 P.2d 1377 (1974): “What is, or what is not in the best interest of the child depends upon the facts and circumstances of each case. | 1 | 1977–1977 |
In re the Probate of the Lost or Destroyed Will of Kennedy
neutral
2 sentences1977Persons in general keep their wills in places of safety, or, as we here technically express it, ‘among their papers of moment and concern.’ They are instruments in their nature revocable: testamentary intention is ambulatory till death; and if the instrument be not found in the repositories of the testator, where he had placed it, the common sense of the matter, prima facie, is that he himself destroyed it, meaning to revoke it * * *.” As this Court stated in Colbert citing In re Kennedy’s Will, 30 Misc. 1 , 62 N.Y.S. 1011 : “ ‘ “Legal presumptions are founded upon the experience and observati 1977Persons in general keep their wills in places of safety, or, as we here technically express it, ‘among their papers of moment and concern.’ They are instruments in their nature revocable: testamentary intention is ambulatory till death; and if the instrument be not found in the repositories of the testator, where he had placed it, the common sense of the matter, prima facie, is that he himself destroyed it, meaning to revoke it * * *.” As this Court stated in Colbert citing In re Kennedy’s Will, 30 Misc. 1 , 62 N.Y.S. 1011 : “ ‘ “Legal presumptions are founded upon the experience and observati | 1 | 1977–1977 |
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.