Notes of Decisions
Cited in
46
cases (
8 in the last 5 years), 1979–2026 · leading case:
State v. J. Howard, 2021 MT 230.
State v. J. Howard, 2021 MT 230.
· cites it 17× “Officer Lloyd kicked Howard’s feet from under him, causing Howard to fall, and body-slammed him face first onto the pavement several times, injuring Howard to the extent that he was taken for emergency health care following his arrest.”
Tennessee v. Garner, 471 U.S. 1 (1985).
· cites it 2× “38, ¶ 31-1 (1984); Mont. Code Ann. § 45-7-301 (1984); N. H. Rev.”
State v. Courville, 2002 MT 330, 61 P.3d 749.
· cites it 4× “to misdemeanor resisting arrest in violation of § 45-7-301(1)(a), MCA. It is undisputed that Kirby was attempting to arrest Courville at the point when the encounter occurred.”
State v. Beavers, 1999 MT 260, 987 P.2d 371.
· cites it 4× “In that case, the issue was whether the defendant, who had been charged with aggravated assault pursuant to § 45-5-202(1)(d), MCA, for kicking a police officer while the officer tried to arrest him, had a right at his trial to have the jury instructed on the lesser offense of…”
State v. Carter, 948 P.2d 1173 (Mont. 1997).
· cites it 5× “Section 45-7-301(1), MCA, provides the following: A person commits the offense of resisting arrest if he knowingly prevents or attempts to prevent a peace officer from effecting an arrest by: *457 (a) using or threatening to use physical force or violence against the peace…”
State v. Eaton, 2004 MT 283, 99 P.3d 661.
· cites it 2× “¶9 On March 29, 2002, the Gallatin County Attorney charged Eaton with two counts of felony theft, common scheme, in violation of § 45-7-301, MCA; one count of perjury, in violation of § 45-7-201, MCA; and one count of tampering with or fabricating physical evidence, in violation…”
State v. Pittman, 2005 MT 70, 109 P.3d 237.
· cites it 3× “Section 45-7-301, MCA. Pittman already was under arrest when she engaged in the acts at the detention center which are the bases of the charges of assault on *331 a police officer and attempted assault on a police officer.”
State v. Gopher, 633 P.2d 1195 (Mont. 1981).
· cites it 3× “The resisting arrest statute, section 45-7-301, MCA, provides: “A person commits the offense of resisting arrest if he knowingly prevents or attempts to prevent a peace officer from affecting an arrest by: “(a) using or threatening to use physical force or violence against the…”
State v. Dethman, 2010 MT 268, 245 P.3d 30.
· cites it 2× “ling to include the full mens rea requirement for the crime of assault on a peace officer in the jury instructions? FACTUAL AND PROCEDURAL BACKGROUND ¶5 Dethman was charged by Information with offenses of: Driving Under the Influence of Alcohol (DUI) in violation of §61-8-401,…”
State v. Robinson, 2008 MT 34, 177 P.3d 488.
· cites it 2× “inson when it imposed sentences both for his offenses and because he is a persistent felony offender? ¶3 The State charged Robinson with three felony counts of assault on a peace officer, in violation of § 45-5-210, MCA, one felony count of failure to register as a sexual…”
State v. Grixti, 2005 MT 296, 124 P.3d 177.
· cites it 2× “¶1 John Grixti (Grixti) appeals his convictions for partner family member assault, a felony in violation of § 45-5-206(1), MCA, assault on a peace officer, a felony in violation of § 45-5-210(1), MCA, and resisting arrest, a misdemeanor in violation of § 45-7-301(1), MCA. We…”
State v. Q. Smith, 2021 MT 324, 501 P.3d 398.
· cites it 2× “¶6 The State charged Smith with speeding, in violation of § 61-8-309, MCA, obstructing a peace officer in violation of § 45-7-302, MCA, DUI in violation of § 61-8-401, MCA, and resisting arrest in violation of § 45-7-301, MCA, all misdemeanors. Smith moved the Justice Court to…”
Mont. Code Ann. § 45-7-301(1): 6 cases
State v. Carter, 948 P.2d 1173 (Mont. 1997).
“Section 45-7-301(1), MCA, provides the following: A person commits the offense of resisting arrest if he knowingly prevents or attempts to prevent a peace officer from effecting an arrest by: *457 (a) using or threatening to use physical force or violence against the peace…”
State v. Grixti, 2005 MT 296, 124 P.3d 177.
“¶1 John Grixti (Grixti) appeals his convictions for partner family member assault, a felony in violation of § 45-5-206(1), MCA, assault on a peace officer, a felony in violation of § 45-5-210(1), MCA, and resisting arrest, a misdemeanor in violation of § 45-7-301(1), MCA. We…”
State v. J. Howard, 2021 MT 230.
“Officer Lloyd kicked Howard’s feet from under him, causing Howard to fall, and body-slammed him face first onto the pavement several times, injuring Howard to the extent that he was taken for emergency health care following his arrest.”
Mont. Code Ann. § 45-7-301(1)(a): 4 cases
State v. Courville, 2002 MT 330, 61 P.3d 749.
“to misdemeanor resisting arrest in violation of § 45-7-301(1)(a), MCA. It is undisputed that Kirby was attempting to arrest Courville at the point when the encounter occurred.”
State v. J. Howard, 2021 MT 230.
“Officer Lloyd kicked Howard’s feet from under him, causing Howard to fall, and body-slammed him face first onto the pavement several times, injuring Howard to the extent that he was taken for emergency health care following his arrest.”
Mont. Code Ann. § 45-7-301(2): 2 cases
State v. J. Howard, 2021 MT 230.
“Officer Lloyd kicked Howard’s feet from under him, causing Howard to fall, and body-slammed him face first onto the pavement several times, injuring Howard to the extent that he was taken for emergency health care following his arrest.”
Mont. Code Ann. § 45-7-301(3): 2 cases
Mont. Code Ann. § 45-7-301(a): 1 case
Mont. Code Ann. § 45-7-301(l)(a): 3 cases
State v. Courville, 2002 MT 330, 61 P.3d 749.
“to misdemeanor resisting arrest in violation of § 45-7-301(1)(a), MCA. It is undisputed that Kirby was attempting to arrest Courville at the point when the encounter occurred.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.