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6 Montana opinions name it 1 courts 1995–2025 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 |
|---|---|---|
State v. Greengreen2 sentences2005The second part of the Perry rule-that a trial judge is to decide whether the recantation is true-is ultimately derived from State v. Green (Kan. 1973), 508 P.2d 883, 889 . 2005The second part of the Perry rule-that a trial judge is to decide whether the recantation is true-is ultimately derived from State v. Green (Kan. 1973), 508 P.2d 883, 889 . | 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. Perry
green
2 sentences1999The Perry Court reasoned that to accept the State’s position could result in situations where “a defendant held in violation of his constitutional rights would be deprived of a method of redress regardless of his diligence or the justness of his claim.” Perry, 232 Mont. at 462 , 758 P.2d at 272-73 . ¶26 In subsequent decisions, this Court has narrowed the Perry exception. 1999The Perry Court reasoned that to accept the State’s position could result in situations where “a defendant held in violation of his constitutional rights would be deprived of a method of redress regardless of his diligence or the justness of his claim.” Perry, 232 Mont. at 462 , 758 P.2d at 272-73 . ¶26 In subsequent decisions, this Court has narrowed the Perry exception. | 4 | 1995–1999 |
Perry v. Whitley County 4-H Clubs Inc.
green
1 sentence2025Indiana’s Equine Activity Statute barred Perry’s claim because “her injury resulted from inherent risks of equine activities and the 4-H Club was negligent, if at all, only for failing to mitigate those inherent risks.” Perry, 931 N.E.2d at 940-41 . ¶31 These cases help illustrate why the summary judgment record in this case sustains the District Court’s ruling. | 1 | 2025–2025 |
State v. Norman
green
2 sentences2005Our rule in Perry was taken directly from a case decided by the Supreme Court of Kansas, State v. Norman (Kan. 1982), 652 P.2d 683, 689 . 2005Our rule in Perry was taken directly from a case decided by the Supreme Court of Kansas, State v. Norman (Kan. 1982), 652 P.2d 683, 689 . | 1 | 2005–2005 |
State v. Gollehon
green
2 sentences1996Perry is inapplicable here, however, and is, as we recently held, “unique on its facts.” State v. Gollehon (1995), [ 274 Mont. 116 ], 906 P.2d 697, 700 . *374 State v. Perry (1988), 232 Mont. 455 , 758 P.2d 268 , involved an out-of-time motion for a new trial, not a petition for postconviction relief; indeed, we specifically declined the State’s invitation to deem Perry’s pleading a petition for postconviction relief and, on that basis, apply the five-year statute of limitations contained in § 46-21-102, MCA. 1996Perry is inapplicable here, however, and is, as we recently held, “unique on its facts.” State v. Gollehon (1995), [ 274 Mont. 116 ], 906 P.2d 697, 700 . *374 State v. Perry (1988), 232 Mont. 455 , 758 P.2d 268 , involved an out-of-time motion for a new trial, not a petition for postconviction relief; indeed, we specifically declined the State’s invitation to deem Perry’s pleading a petition for postconviction relief and, on that basis, apply the five-year statute of limitations contained in § 46-21-102, MCA. | 1 | 1996–1996 |
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.