just rule in Montana

47 Montana opinions name it 1 courts 1888–2026 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.

Followed or applied (18)

Case	Followed	Cited
State v. Mattgreen mont · 1991 · cited in 19 Montana opinions naming this issue, 1991–2009 2 sentences 2005Under Rule 404(b), M.R.Evid., the District Court decided the modified Just rule, articulated in State v. Matt (1991), 249 Mont. 136 , 814 P.2d 52 , allowed it to exclude evidence of Daniel’s specific acts. ¶47 Rule 404(b), M.R.Evid., provides that Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. 2005Under Rule 404(b), M.R.Evid., the District Court decided the modified Just rule, articulated in State v. Matt (1991), 249 Mont. 136 , 814 P.2d 52 , allowed it to exclude evidence of Daniel’s specific acts. ¶47 Rule 404(b), M.R.Evid., provides that Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.	3	19
State v. Brooksgreen mont · 1993 · cited in 2 Montana opinions naming this issue, 1996–2003 2 sentences 2003See also Brooks, 260 Mont. at 84 , 857 P.2d at 737 and Anderson, 275 Mont. at 349 , 912 P.2d at 804 . ¶100 Ayers’ prior conviction clearly had probative value. 2003See also Brooks, 260 Mont. at 84 , 857 P.2d at 737 and Anderson, 275 Mont. at 349 , 912 P.2d at 804 . ¶100 Ayers’ prior conviction clearly had probative value.	2	2
State v. Andersongreen mont · 1996 · cited in 2 Montana opinions naming this issue, 1996–2003 2 sentences 2003See also Brooks, 260 Mont. at 84 , 857 P.2d at 737 and Anderson, 275 Mont. at 349 , 912 P.2d at 804 . ¶100 Ayers’ prior conviction clearly had probative value. 1996“However, when the prior crime evidence meets the first three elements of the modified Just rule, the prior crime evidence necessarily carries great probative weight.” Anderson, 912 P.2d at 804.	2	2
State v. Justgreen mont · 1979 · cited in 8 Montana opinions naming this issue, 1990–2008 2 sentences 2008Southern, ¶¶ 33-42 (applying modified Just rule, State v. Just, 184 Mont. 262 , 602 P.2d 957 (1979), to determine whether challenged evidence would have been admissible at separate trials, and refusing to find prejudice “where the evidence is simple and distinct”). 2008Southern, ¶¶ 33-42 (applying modified Just rule, State v. Just, 184 Mont. 262 , 602 P.2d 957 (1979), to determine whether challenged evidence would have been admissible at separate trials, and refusing to find prejudice “where the evidence is simple and distinct”).	1	8
State v. Paulsongreen mont · 1991 · cited in 3 Montana opinions naming this issue, 1992–1998 2 sentences 1998See generally State v. Matt (1991), 249 Mont. 136 , 814 P.2d 52 . ¶22 Enright contends that because there was no evidence which connected her to the 1995 fire, it should have been excluded pursuant to our decisions in State v. Johnson (1991), 250 Mont. 496 , 821 P.2d 1039 , and Britton v. Farmers Insurance Group (1986), 221 Mont. 67 , 721 P.2d 303 . ¶23 The State contends that pursuant to our decision in State v. Paulson (1991), 250 Mont. 32 , 817 P.2d 1137 , there is no threshold requirement regarding the quantum of proof necessary before evidence of other crimes, wrongs, or acts is admissibl 1998See generally State v. Matt (1991), 249 Mont. 136 , 814 P.2d 52 . ¶22 Enright contends that because there was no evidence which connected her to the 1995 fire, it should have been excluded pursuant to our decisions in State v. Johnson (1991), 250 Mont. 496 , 821 P.2d 1039 , and Britton v. Farmers Insurance Group (1986), 221 Mont. 67 , 721 P.2d 303 . ¶23 The State contends that pursuant to our decision in State v. Paulson (1991), 250 Mont. 32 , 817 P.2d 1137 , there is no threshold requirement regarding the quantum of proof necessary before evidence of other crimes, wrongs, or acts is admissibl	1	3
State v. Eilergreen mont · 1988 · cited in 3 Montana opinions naming this issue, 1990–1996 2 sentences 1993Although it is inevitable that the introduction of a prior crime will have some prejudicial effect on a defendant, we held in State v. Eiler (1988), 234 Mont. 38, 51 , 762 P.2d 210, 218 , that when the prior crime meets the first three elements of the Just rule, these elements combine to give “great probative weight to the evidence of prior acts.” Accordingly, we conclude that because the prior crime met the first three elements of the Just rule and the modified Just rule, the cumulative effect is that the probative value outweighs the prejudice to Brooks. 1993Although it is inevitable that the introduction of a prior crime will have some prejudicial effect on a defendant, we held in State v. Eiler (1988), 234 Mont. 38, 51 , 762 P.2d 210, 218 , that when the prior crime meets the first three elements of the Just rule, these elements combine to give “great probative weight to the evidence of prior acts.” Accordingly, we conclude that because the prior crime met the first three elements of the Just rule and the modified Just rule, the cumulative effect is that the probative value outweighs the prejudice to Brooks.	1	3
State v. TWgreen mont · 1986 · cited in 2 Montana opinions naming this issue, 1987–2003 2 sentences 1987(Mont. 1986), [ 220 Mont. 280 ,] 715 P.2d 428, 430 , 43 St.Rep. 368 , 371, we said that “[f]ailure of questioned evidence to meet only one element of the Just test is not sufficient to refuse its admission . . . “ and that “the four factors must be considered together.” We note that the State filed notice in this case that it would introduce Clausen’s prior conviction in federal court as evidence. 1987(Mont. 1986), [ 220 Mont. 280 ,] 715 P.2d 428, 430 , 43 St.Rep. 368 , 371, we said that “[f]ailure of questioned evidence to meet only one element of the Just test is not sufficient to refuse its admission . . . “ and that “the four factors must be considered together.” We note that the State filed notice in this case that it would introduce Clausen’s prior conviction in federal court as evidence.	1	2
State v. McKnightgreen mont · 1991 · cited in 2 Montana opinions naming this issue, 1993–1996 2 sentences 1996See also McKnight, 250 Mont. at 465 , 820 P.2d at 1284 . 383 For the reasons stated previously in this opinion, we conclude that the evidence of Henderson’s “other acts” had strong probative value, and that the prejudicial effect of the evidence did not substantially outweigh its probative value. 1996See also McKnight, 250 Mont. at 465 , 820 P.2d at 1284 . 383 For the reasons stated previously in this opinion, we conclude that the evidence of Henderson’s “other acts” had strong probative value, and that the prejudicial effect of the evidence did not substantially outweigh its probative value.	1	2
State v. Hagberggreen mont · 1996 · cited in 1 Montana opinions naming this issue, 2003–2003 2 sentences 2003Moreover, “when the prior crime evidence meets the first three elements of the modified Just rule, the prior crime evidence necessarily carries great probative weight.” Hagberg, 277 Mont. at 45 , 920 P.2d at 93 (citations omitted). 2003Moreover, “when the prior crime evidence meets the first three elements of the modified Just rule, the prior crime evidence necessarily carries great probative weight.” Hagberg, 277 Mont. at 45 , 920 P.2d at 93 (citations omitted).	1	1
State v. Rogersgreen mont · 1999 · cited in 1 Montana opinions naming this issue, 2003–2003 2 sentences 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted. 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted.	1	1
State v. Murraygreen mont · 1987 · cited in 1 Montana opinions naming this issue, 2002–2002 2 sentences 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio	1	1
State v. Raygreen mont · 1994 · cited in 1 Montana opinions naming this issue, 2002–2002	1	1
State v. Hendersongreen mont · 1996 · cited in 1 Montana opinions naming this issue, 2002–2002 2 sentences 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio	1	1
Britton v. Farmers Insurance Groupgreen mont · 1986 · cited in 1 Montana opinions naming this issue, 1998–1998	1	1
State v. Johnsongreen mont · 1991 · cited in 1 Montana opinions naming this issue, 1998–1998	1	1
State v. Weldygreen mont · 1995 · cited in 1 Montana opinions naming this issue, 1996–1996	1	1
State v. Rileygreen mont · 1982 · cited in 1 Montana opinions naming this issue, 1986–1986	1	1
Lemp v. Lempgreen nev · 1943 · cited in 1 Montana opinions naming this issue, 1945–1945	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (35)

Case	Cited	Years
State v. Tecca green mont · 1986 2 sentences 1990As in Tecca , “we find the number and similarity of incidents tends to establish a common scheme or plan under the third prong of the Just test.” Tecca, 714 P.2d at 139 . 1990As in Tecca , “we find the number and similarity of incidents tends to establish a common scheme or plan under the third prong of the Just test.” Tecca, 714 P.2d at 139 .	4	1988–1996
State v. Clifford green mont · 2005 2 sentences 2021Evid. 404(b) protects third parties.3 See, e.g., State v. Knowles, 2010 MT 186, ¶¶ 43-44 , 357 Mont. 272 , 239 P.3d 129 (concluding the District Court abused its discretion by admitting evidence of the defendant’s wife’s conduct and noting evidence admissible under the modified Just rule “must be acts of the defendant, and not acts of a third party. . . .” (emphasis in original)); State v. Kolb, 2009 MT 9, ¶ 21 , 349 Mont. 10 , 200 P.3d 504 (noting the lack of authority to support admitting evidence of other crimes, wrongs or acts of a non-defendant witness except in limited circumstances); St 2010There is simply no evidence that during the course of any of these prior incidents, Kingsley ever ‘obtained what he wished’ or that he attempted to do so by threats, coercion, or violence.” ¶25 The District Court then examined Henson’s proffered evidence under the modified Just rule, State v. Clifford, 2005 MT 219, ¶¶ 46-47 , 328 Mont. 300 , 121 P.3d 489 .	2	2010–2021
State v. T.W. green mont · 1986 2 sentences 1987(Mont. 1986), [ 220 Mont. 280 ,] 715 P.2d 428, 430 , 43 St.Rep. 368 , 371, we said that “[f]ailure of questioned evidence to meet only one element of the Just test is not sufficient to refuse its admission . . . “ and that “the four factors must be considered together.” We note that the State filed notice in this case that it would introduce Clausen’s prior conviction in federal court as evidence. 1987(Mont. 1986), [ 220 Mont. 280 ,] 715 P.2d 428, 430 , 43 St.Rep. 368 , 371, we said that “[f]ailure of questioned evidence to meet only one element of the Just test is not sufficient to refuse its admission . . . “ and that “the four factors must be considered together.” We note that the State filed notice in this case that it would introduce Clausen’s prior conviction in federal court as evidence.	2	1987–2003
State v. Gilpin green mont · 1988 2 sentences 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio	2	1993–2002
State v. Jensen green mont · 1969 2 sentences 1986State v. Jensen (1969), 153 Mont. 233 , 455 p.2d 631 ; State v. Just, supra. Defendant contends that the act testified to by M.M. was not sufficiently similar to defendant’s assault upon A.M. and W.B. to satisfy the first element of the Just test. 1986State v. Jensen (1969), 153 Mont. 233 , 455 p.2d 631 ; State v. Just, supra. Defendant contends that the act testified to by M.M. was not sufficiently similar to defendant’s assault upon A.M. and W.B. to satisfy the first element of the Just test.	2	1986–1988
Nordstrom v. Miller green kan · 1980 2 sentences 1982The Kansas Supreme Court has expressed the limitations that need to be placed on the Van Ettinger and Lowe cases: “ ‘The trend of the decisions of the courts of this and other states is towards the just doctrine, that where a contract is induced by false representations as to material existent facts, which are made with the intent to deceive, and upon which the plaintiff relied, it is no defense, to an action for rescission or for damages arising out of the deceit, that the party to whom the representations were made might, with due diligence, have discovered their falsity, and that he made no 1982The Kansas Supreme Court has expressed the limitations that need to be placed on the Van Ettinger and Lowe cases: “ ‘The trend of the decisions of the courts of this and other states is towards the just doctrine, that where a contract is induced by false representations as to material existent facts, which are made with the intent to deceive, and upon which the plaintiff relied, it is no defense, to an action for rescission or for damages arising out of the deceit, that the party to whom the representations were made might, with due diligence, have discovered their falsity, and that he made no	2	1982–1982
Speed v. Hollingsworth green kan · 1894 2 sentences 1982The Kansas Supreme Court has expressed the limitations that need to be placed on the Van Ettinger and Lowe cases: “ ‘The trend of the decisions of the courts of this and other states is towards the just doctrine, that where a contract is induced by false representations as to material existent facts, which are made with the intent to deceive, and upon which the plaintiff relied, it is no defense, to an action for rescission or for damages arising out of the deceit, that the party to whom the representations were made might, with due diligence, have discovered their falsity, and that he made no 1982The Kansas Supreme Court has expressed the limitations that need to be placed on the Van Ettinger and Lowe cases: “ ‘The trend of the decisions of the courts of this and other states is towards the just doctrine that where a contract is induced by false representations as to material existent facts, which are made with the intent to deceive, and upon which the plaintiff relied, it is no defense, to the action for rescission or for damages arising out of the deceit, that the party to whom the representations were made *533 might, with due diligence, have discovered their falsity, and that he ma	2	1982–1982
State v. District Court of the Eighteenth Judicial District of Montana green mont · 2010 2 sentences 2026Dist., 2010 MT 263, ¶ 56 , 358 Mont. 325 , 246 P.3d 415 (Salvagni); State v. Pelletier, 2020 MT 249, ¶ 25 , 401 Mont. 454 , 473 P.3d 991 . ¶49 Salvagni eliminated the former modified-Just framework and rejected a categorical remoteness bar; it did not make remoteness irrelevant. 2026Dist., 2010 MT 263, ¶ 56 , 358 Mont. 325 , 246 P.3d 415 (Salvagni); State v. Pelletier, 2020 MT 249, ¶ 25 , 401 Mont. 454 , 473 P.3d 991 . ¶49 Salvagni eliminated the former modified-Just framework and rejected a categorical remoteness bar; it did not make remoteness irrelevant.	1	2026–2026
State v. S. Pelletier green mont · 2020 2 sentences 2026Dist., 2010 MT 263, ¶ 56 , 358 Mont. 325 , 246 P.3d 415 (Salvagni); State v. Pelletier, 2020 MT 249, ¶ 25 , 401 Mont. 454 , 473 P.3d 991 . ¶49 Salvagni eliminated the former modified-Just framework and rejected a categorical remoteness bar; it did not make remoteness irrelevant. 2026Dist., 2010 MT 263, ¶ 56 , 358 Mont. 325 , 246 P.3d 415 (Salvagni); State v. Pelletier, 2020 MT 249, ¶ 25 , 401 Mont. 454 , 473 P.3d 991 . ¶49 Salvagni eliminated the former modified-Just framework and rejected a categorical remoteness bar; it did not make remoteness irrelevant.	1	2026–2026
State v. Kolb green mont · 2009 2 sentences 2021Evid. 404(b) protects third parties.3 See, e.g., State v. Knowles, 2010 MT 186, ¶¶ 43-44 , 357 Mont. 272 , 239 P.3d 129 (concluding the District Court abused its discretion by admitting evidence of the defendant’s wife’s conduct and noting evidence admissible under the modified Just rule “must be acts of the defendant, and not acts of a third party. . . .” (emphasis in original)); State v. Kolb, 2009 MT 9, ¶ 21 , 349 Mont. 10 , 200 P.3d 504 (noting the lack of authority to support admitting evidence of other crimes, wrongs or acts of a non-defendant witness except in limited circumstances); St 2021Evid. 404(b) protects third parties.3 See, e.g., State v. Knowles, 2010 MT 186, ¶¶ 43-44 , 357 Mont. 272 , 239 P.3d 129 (concluding the District Court abused its discretion by admitting evidence of the defendant’s wife’s conduct and noting evidence admissible under the modified Just rule “must be acts of the defendant, and not acts of a third party. . . .” (emphasis in original)); State v. Kolb, 2009 MT 9, ¶ 21 , 349 Mont. 10 , 200 P.3d 504 (noting the lack of authority to support admitting evidence of other crimes, wrongs or acts of a non-defendant witness except in limited circumstances); St	1	2021–2021
State v. Knowles green mont · 2010 2 sentences 2021Evid. 404(b) protects third parties.3 See, e.g., State v. Knowles, 2010 MT 186, ¶¶ 43-44 , 357 Mont. 272 , 239 P.3d 129 (concluding the District Court abused its discretion by admitting evidence of the defendant’s wife’s conduct and noting evidence admissible under the modified Just rule “must be acts of the defendant, and not acts of a third party. . . .” (emphasis in original)); State v. Kolb, 2009 MT 9, ¶ 21 , 349 Mont. 10 , 200 P.3d 504 (noting the lack of authority to support admitting evidence of other crimes, wrongs or acts of a non-defendant witness except in limited circumstances); St 2021Evid. 404(b) protects third parties.3 See, e.g., State v. Knowles, 2010 MT 186, ¶¶ 43-44 , 357 Mont. 272 , 239 P.3d 129 (concluding the District Court abused its discretion by admitting evidence of the defendant’s wife’s conduct and noting evidence admissible under the modified Just rule “must be acts of the defendant, and not acts of a third party. . . .” (emphasis in original)); State v. Kolb, 2009 MT 9, ¶ 21 , 349 Mont. 10 , 200 P.3d 504 (noting the lack of authority to support admitting evidence of other crimes, wrongs or acts of a non-defendant witness except in limited circumstances); St	1	2021–2021
State v. Bartell green mont · 1997 2 sentences 2003The four factors must be considered together." State v. T.W. (1986), 220 Mont. 280, 284 , 715 P.2d 428, 430 (abrogated on other grounds, State v. Strizich (1997), 286 Mont. 1 , 952 P.2d 1365 ). 2003The four factors must be considered together." State v. T.W. (1986), 220 Mont. 280, 284 , 715 P.2d 428, 430 (abrogated on other grounds, State v. Strizich (1997), 286 Mont. 1 , 952 P.2d 1365 ).	1	2003–2003
State v. Keys green mont · 1993 2 sentences 2003In Keys , we concluded that “[bjecause the evidence is inadmissible under the first and third criteria, it is not necessary to discuss the remaining requirement under the modified Just rule.” Keys, 258 Mont, at 318 , 852 P.2d at 625 . 2003In Keys , we concluded that “[bjecause the evidence is inadmissible under the first and third criteria, it is not necessary to discuss the remaining requirement under the modified Just rule.” Keys, 258 Mont, at 318 , 852 P.2d at 625 .	1	2003–2003
State v. Strizich green mont · 1997 2 sentences 2003The four factors must be considered together." State v. T.W. (1986), 220 Mont. 280, 284 , 715 P.2d 428, 430 (abrogated on other grounds, State v. Strizich (1997), 286 Mont. 1 , 952 P.2d 1365 ). 2003The four factors must be considered together." State v. T.W. (1986), 220 Mont. 280, 284 , 715 P.2d 428, 430 (abrogated on other grounds, State v. Strizich (1997), 286 Mont. 1 , 952 P.2d 1365 ).	1	2003–2003
State v. Sweeney green mont · 2000 2 sentences 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted. 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted.	1	2003–2003
State v. Dobson neutral mont · 2001 2 sentences 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted. 2003See also State v. Rogers, 1999 MT 305, ¶ 43 , 297 Mont. 188, ¶ 43 , 992 P.2d 229, ¶ 43 ; State v. Sweeney, 2000 MT 74, ¶ 35 , 299 Mont. 111, ¶ 35 , 999 P.2d 296, ¶ 35 ; and State v. Dobson, 2001 MT 167, ¶ 36 , 306 Mont. 145, ¶ 36 , 30 P.3d 1077, ¶ 36 . ¶76 We take this opportunity to re-affirm these recent decisions and repeat that all four prongs of the Modified Just Rule must be met before evidence of prior acts, crimes or wrongs may be admitted.	1	2003–2003
State v. Medina green mont · 1990 2 sentences 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio 2002See Just, 184 Mont. at 269 , 602 P.2d at 961 (prior acts involved the same victim); State v. Medina (1990), 245 Mont. 25, 31 , 798 P.2d 1032 , 1036 overruled on other grounds by State v. Olson (1997), 286 Mont. 364 , 951 P.2d 571 ; State v. Gilpin (1988), 232 Mont. 56 , 756 P.2d 445 ; see also State v. Henderson (1996), 278 Mont. 376, 382 , 925 P.2d 475, 479 (father manipulating sons to perform sexual acts with daughter was evidence of common scheme in father’s trial of sexual intercourse without consent against daughter); State v. Murray (1987), 228 Mont. 125, 134 , 741 P.2d 759, 764-65 (prio	1	2002–2002
State v. Olson green mont · 1997	1	2002–2002
State v. Merritt green · 1960 2 sentences 2002Another statement is that evidence of other crimes is admissible to prove the crime charged when it tends to establish a common scheme or plan embracing the commission of two or more crimes so related that proof of one tends to establish the other or others.” Merritt, 138 Mont. at 548-49 , 357 P.2d at 684 . ¶25 This discussion illustrates that the first two elements of the modified Just rule-i.e., similarity of crimes and nearness in time between the crimes-were, prior to the adoption of our current rule, considered part and parcel of the determination of whether a common scheme existed. 2002Another statement is that evidence of other crimes is admissible to prove the crime charged when it tends to establish a common scheme or plan embracing the commission of two or more crimes so related that proof of one tends to establish the other or others.” Merritt, 138 Mont. at 548-49 , 357 P.2d at 684 . ¶25 This discussion illustrates that the first two elements of the modified Just rule-i.e., similarity of crimes and nearness in time between the crimes-were, prior to the adoption of our current rule, considered part and parcel of the determination of whether a common scheme existed.	1	2002–2002
State v. Hansen green mont · 1980	1	1999–1999
State v. Romero green mont · 1993	1	1996–1996
State v. Weldy green mont · 1995	1	1996–1996
State v. Johnston green mont · 1994	1	1995–1995
State v. Little green mont · 1993	1	1994–1994
State v. Keefe green mont · 1988	1	1990–1990
State v. Clausen green mont · 1987	1	1988–1988
State v. Tecca neutral mont · 1986	1	1988–1988
State v. Frates yellow mont · 1972	1	1986–1986
State v. Trombley green mont · 1980	1	1986–1986
State v. Gillham green mont · 1983	1	1986–1986
Missouri, Kansas & Texas Railway Co. v. Cade green scotus · 1914	1	1975–1975
Birsch v. Citizens' Electric Co. green mont · 1908	1	1909–1909
Nord v. Boston & Montana Consolidated Copper & Silver Mining Co. neutral mont · 1904	1	1909–1909
Mandeville v. Union Bank of Georgetown green · 1815	1	1899–1899
Buddicum v. Kirk neutral scotus · 1806	1	1888–1888

Statutes the citing opinions construe

MT § Mont. Code Ann. § 45-2-101 (10) MT § Mont. Code Ann. § 46-20-701 (6) MT § Mont. Code Ann. § 45-5-502 (5) MT § Mont. Code Ann. § 45-5-102 (4) MT § Mont. Code Ann. § 45-6-301 (4) MT § Mont. Code Ann. § 46-20-104 (4) MT § Mont. Code Ann. § 45-5-202 (3) MT § Mont. Code Ann. § 45-5-503 (3) MT § Mont. Code Ann. § 45-6-204 (3) MT § Mont. Code Ann. § 46-11-404 (3) MT § Mont. Code Ann. § 46-16-702 (3)

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.

Where else courts name it

CA 110 (1873–2025) NY 84 (1857–2022) TX 63 (1874–2021) MT 47 (1888–2026) MO 43 (1869–2015) LA 37 (1882–2025) PA 36 (1832–1974) AZ 34 (1916–2026) AL 30 (1856–2007) CT 28 (1852–2024) MI 25 (1892–2022) IL 22 (1884–1993) IA 20 (1872–1997) KS 19 (1897–2019) NJ 18 (1862–1999) OR 14 (1880–2022) MS 14 (1918–2013) KY 13 (1840–2023) IN 13 (1862–1999) NC 10 (1897–2022) GA 10 (1928–2016) TN 9 (1916–2004) WA 9 (1917–1973) WV 9 (1885–1970) WI 9 (1841–2011) OH 9 (1871–2000) MA 7 (1845–1993) AR 6 (1878–2016) SC 6 (1951–2005) OK 6 (1912–1956) NE 5 (1899–1961) ME 5 (1850–1996) FL 5 (1878–1952) MD 4 (1904–2005) CO 4 (1898–2019) RI 4 (1906–2001) SD 4 (1900–2004) VA 4 (1911–1992) DE 4 (1930–1995) MN 4 (1895–1973) DC 3 (1910–2014) NM 2 (1916–1937) VT 2 (1868–1923) ND 2 (1903–1992) UT 2 (1918–2024)

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.

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