Notes of Decisions
Cited in
243
cases (
37 in the last 5 years), 1979–2026 · leading case:
State v. Rosling, 2008 MT 62 (Mont. 2008).
State v. Rosling, 2008 MT 62 (Mont. 2008).
· cites it 14× “MCA (commonly known as the felony-murder rule); Count III aggravated kidnapping, in violation of § 45-5-303(1)(c), MCA; Count IV aggravated burglary, in violation of § 45-6-204(2)(b), MCA; Count V tampering with or fabricating physical evidence, in violation of §…”
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
· cites it 27× “Did the District Court err in concluding that § 45-9-102, MCA, does not deny Tadewaldt equal protection of the laws or constitute cruel and unusual punishment? Tadewaldt was arrested for driving under the influence of alcohol and/or drugs (DUI) on August 10,1994.”
State v. Meader, 601 P.2d 386 (Mont. 1979).
· cites it 30× “Defendant, Gerald William Meader, appeals from a conviction in the District Court, Yellowstone County, of two counts of possessing dangerous drugs in violation of section 45-9-102 MCA. Following denial of all of Meader's post-conviction motions by the District Court, Meader…”
State v. Upshaw, 2006 MT 341 (Mont. 2006).
· cites it 20× “On November 21, 2003, the State filed an amended information, which added count IV: criminal possession of dangerous drugs, a felony, as specified in § 45-9-102, MCA (2003). At a pretrial conference, Upshaw's counsel declared an intention to file a motion in limine to preclude…”
State v. Tomaskie, 2007 MT 103 (Mont. 2007).
· cites it 24× “We conclude that the reasoning in Gladue applies to Tomaskie’s charge of possession under § 45-9-102, MCA. The Havre City Court conviction for the previous offense of possession of less than sixty grams of marijuana was dismissed prior to the time Tomaskie was sentenced and…”
State v. Clark, 1998 MT 221 (Mont. 1998).
· cites it 22× “On April 3, 1996, the State filed an information charging Clark with two felony counts of criminal possession of dangerous drugs, in violation of § 45-9-102, MCA. The State also charged Clark with misdemeanor counts of criminal possession of drug paraphernalia, in violation of §…”
State v. Long, 2005 MT 130 (Mont. 2005).
· cites it 12× “For example, under § 45-9-102, MCA, possessing more than a certain quantity of marijuana or hashish (§ 45-9-102(2), MCA) can turn a misdemeanor into a felony (§ 45-9-102(5), MCA).”
State v. Pearson, 704 P.2d 1056 (Mont. 1985).
· cites it 19× “This is an appeal from a judgment of the District Court, Tenth Judicial District, Judith Basin County, declaring Clinton Charles Pearson guilty of criminal possession of dangerous drugs in violation of Section 45-9-102, MCA. During the early morning hours of March 10, 1984,…”
State v. Garrymore, 2006 MT 245 (Mont. 2006).
· cites it 6× “Yet, McLeod had been sentenced to a term of imprisonment within the range statutorily authorized by § 45-9-102, MCA, for the offense of criminal possession of dangerous drugs (he was given the maximum five-year sentence, see McLeod , ¶ 11 ), and he was not challenging the…”
State v. Crowder, 810 P.2d 299 (Mont. 1991).
· cites it 10× “In contrast, Crowder was charged with two violations of the same statutory provision, § 45-9-102, MCA, which provides in part: A person commits the offense of criminal possession of dangerous drugs if he possesses any dangerous drug, as defined in XX-XX-XXX.”
State v. Kotwicki, 2007 MT 17 (Mont. 2007).
· cites it 4× “¶ 1 Ramon Kotwicki (Kotwicki) appeals from the sentence imposed by the Eighth *893 Judicial District, Cascade County, following his conviction for five felony counts of criminal possession of dangerous drugs in violation of § 45-9-102, MCA, and four other misdemeanor drug…”
State v. Mason, 2003 MT 371 (Mont. 2003).
· cites it 6× “Pursuant to a plea bargain agreement, all charges against Mason were dismissed except for two counts of assault, felonies in violation of § 45-5-201(l)(a), MCA (1997), and one count of criminal possession of a dangerous drug, a felony in violation of § 45-9-102(1), MCA (1999).…”
— Mont. Code Ann. § 45-9-102(1) — 38 cases
State v. Clark, 1998 MT 221 (Mont. 1998).
“On April 3, 1996, the State filed an information charging Clark with two felony counts of criminal possession of dangerous drugs, in violation of § 45-9-102, MCA. The State also charged Clark with misdemeanor counts of criminal possession of drug paraphernalia, in violation of §…”
State v. Rosling, 2008 MT 62 (Mont. 2008).
“MCA (commonly known as the felony-murder rule); Count III aggravated kidnapping, in violation of § 45-5-303(1)(c), MCA; Count IV aggravated burglary, in violation of § 45-6-204(2)(b), MCA; Count V tampering with or fabricating physical evidence, in violation of §…”
State v. Crowder, 810 P.2d 299 (Mont. 1991).
“In contrast, Crowder was charged with two violations of the same statutory provision, § 45-9-102, MCA, which provides in part: A person commits the offense of criminal possession of dangerous drugs if he possesses any dangerous drug, as defined in XX-XX-XXX.”
State v. Mason, 2003 MT 371 (Mont. 2003).
“Pursuant to a plea bargain agreement, all charges against Mason were dismissed except for two counts of assault, felonies in violation of § 45-5-201(l)(a), MCA (1997), and one count of criminal possession of a dangerous drug, a felony in violation of § 45-9-102(1), MCA (1999).…”
— Mont. Code Ann. § 45-9-102(1)(4) — 1 case
— Mont. Code Ann. § 45-9-102(2) — 26 cases
State v. Tomaskie, 2007 MT 103 (Mont. 2007).
“We conclude that the reasoning in Gladue applies to Tomaskie’s charge of possession under § 45-9-102, MCA. The Havre City Court conviction for the previous offense of possession of less than sixty grams of marijuana was dismissed prior to the time Tomaskie was sentenced and…”
State v. Long, 2005 MT 130 (Mont. 2005).
“For example, under § 45-9-102, MCA, possessing more than a certain quantity of marijuana or hashish (§ 45-9-102(2), MCA) can turn a misdemeanor into a felony (§ 45-9-102(5), MCA).”
State v. Mason, 2003 MT 371 (Mont. 2003).
“Pursuant to a plea bargain agreement, all charges against Mason were dismissed except for two counts of assault, felonies in violation of § 45-5-201(l)(a), MCA (1997), and one count of criminal possession of a dangerous drug, a felony in violation of § 45-9-102(1), MCA (1999).…”
— Mont. Code Ann. § 45-9-102(3) — 10 cases
State v. Pearson, 704 P.2d 1056 (Mont. 1985).
“This is an appeal from a judgment of the District Court, Tenth Judicial District, Judith Basin County, declaring Clinton Charles Pearson guilty of criminal possession of dangerous drugs in violation of Section 45-9-102, MCA. During the early morning hours of March 10, 1984,…”
— Mont. Code Ann. § 45-9-102(4) — 10 cases
State v. Pearson, 704 P.2d 1056 (Mont. 1985).
“This is an appeal from a judgment of the District Court, Tenth Judicial District, Judith Basin County, declaring Clinton Charles Pearson guilty of criminal possession of dangerous drugs in violation of Section 45-9-102, MCA. During the early morning hours of March 10, 1984,…”
— Mont. Code Ann. § 45-9-102(5) — 9 cases
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
“Did the District Court err in concluding that § 45-9-102, MCA, does not deny Tadewaldt equal protection of the laws or constitute cruel and unusual punishment? Tadewaldt was arrested for driving under the influence of alcohol and/or drugs (DUI) on August 10,1994.”
State v. Upshaw, 2006 MT 341 (Mont. 2006).
“On November 21, 2003, the State filed an amended information, which added count IV: criminal possession of dangerous drugs, a felony, as specified in § 45-9-102, MCA (2003). At a pretrial conference, Upshaw's counsel declared an intention to file a motion in limine to preclude…”
State v. Long, 2005 MT 130 (Mont. 2005).
“For example, under § 45-9-102, MCA, possessing more than a certain quantity of marijuana or hashish (§ 45-9-102(2), MCA) can turn a misdemeanor into a felony (§ 45-9-102(5), MCA).”
— Mont. Code Ann. § 45-9-102(6) — 22 cases
State v. Upshaw, 2006 MT 341 (Mont. 2006).
“On November 21, 2003, the State filed an amended information, which added count IV: criminal possession of dangerous drugs, a felony, as specified in § 45-9-102, MCA (2003). At a pretrial conference, Upshaw's counsel declared an intention to file a motion in limine to preclude…”
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
“Did the District Court err in concluding that § 45-9-102, MCA, does not deny Tadewaldt equal protection of the laws or constitute cruel and unusual punishment? Tadewaldt was arrested for driving under the influence of alcohol and/or drugs (DUI) on August 10,1994.”
— Mont. Code Ann. § 45-9-102(7) — 2 cases
— Mont. Code Ann. § 45-9-102(8) — 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.