Notes of Decisions
Cited in
25
cases (
5 in the last 5 years), 1992–2025 · leading case:
State v. Brummer, 1998 MT 11 (Mont. 1998).
State v. Brummer, 1998 MT 11 (Mont. 1998).
· cites it 18× “" Finally, Brummer argues that the State's narrow interpretation of § 46-16-702, MCA, is inconsistent with § 46-1-103, MCA, the statute outlining the general purposes and construction of the rules of criminal procedure.”
State v. Liefert, 2002 MT 48 (Mont. 2002).
· cites it 12× “Significantly, none of these listed statutes specifically strips from a justice court defendant the right to appeal from a denial of a motion to withdraw a guilty plea.”
State v. J. Kasparek, 2016 MT 163 (Mont. 2016).
· cites it 6× “” Section 46-1-103(3), MCA. ¶19 The record here shows that Captain Seifert first approached Kasparek while he was in custody and asked him whether he wanted to talk.”
United States v. Juv. Male, 2011 MT 104 (Mont. 2011).
· cites it 6× “) Section 46-1-103, MCA, provides that the scope of the criminal procedure title "governs the practice and procedure in all criminal proceedings in courts of Montana.”
State v. Morse, 2015 MT 51 (Mont. 2015).
· cites it 4× “¶24 In response to our observation in Brummer that § 46-16-702, MCA, contained certain ambiguities regarding the court’s authority to consider a new trial, the 1999 Montana Legislature amended subsection (1) to specifically allow the court to order a new trial either “without a…”
State v. Tweedy, 922 P.2d 1134 (Mont. 1996).
· cites it 3× “” Section 46-1-103(1), MCA. Neither the legislature nor this Court has provided such a different procedure for justice courts and, therefore, § 46-18-116, MCA, is applicable to criminal proceedings in justice courts.”
State v. St. John, 2001 MT 1 (Mont. 2001).
· cites it 2× “See § 46-1-103(3), MCA (“Any *53 irregularity in a proceeding specified by [Title 46] that does not affect the substantial rights of the accused must be disregarded.”
State v. Clark, 2006 MT 313 (Mont. 2006).
· cites it 3× “” Section 46-1-103(1), MCA. As no different, specific definition of appear is provided in § 46-17-311(5), MCA, or anywhere else in Chapter 17, the definition provided in § 46-16-120, MCA, controls.”
State v. Morales, 943 P.2d 1286 (Mont. 1997).
· cites it 6× “Section 46-1-103, MCA. Section 46-18-201, MCA, refers to § 46-18-232, MCA.”
State v. Garner, 1999 MT 295 (Mont. 1999).
· cites it 3× “” Section 46-1-103, MCA (emphasis added). Notwithstanding that the statutes governing post-conviction relief are located in Title 46, we have held that these proceedings are collateral attacks that are “civil” in nature and independent of the underlying criminal cause.”
State v. Passmore, 2010 MT 34 (Mont. 2010).
“See §§ 46-1-103(3), 46-20-701(2), MCA; cf. Bank of Nova Scotia, 487 U.”
— Mont. Code Ann. § 46-1-103(1) — 4 cases
State v. Liefert, 2002 MT 48 (Mont. 2002).
“Significantly, none of these listed statutes specifically strips from a justice court defendant the right to appeal from a denial of a motion to withdraw a guilty plea.”
State v. Tweedy, 922 P.2d 1134 (Mont. 1996).
“” Section 46-1-103(1), MCA. Neither the legislature nor this Court has provided such a different procedure for justice courts and, therefore, § 46-18-116, MCA, is applicable to criminal proceedings in justice courts.”
State v. Clark, 2006 MT 313 (Mont. 2006).
“” Section 46-1-103(1), MCA. As no different, specific definition of appear is provided in § 46-17-311(5), MCA, or anywhere else in Chapter 17, the definition provided in § 46-16-120, MCA, controls.”
— Mont. Code Ann. § 46-1-103(2) — 1 case
— Mont. Code Ann. § 46-1-103(3) — 7 cases
State v. J. Kasparek, 2016 MT 163 (Mont. 2016).
“” Section 46-1-103(3), MCA. ¶19 The record here shows that Captain Seifert first approached Kasparek while he was in custody and asked him whether he wanted to talk.”
State v. St. John, 2001 MT 1 (Mont. 2001).
“See § 46-1-103(3), MCA (“Any *53 irregularity in a proceeding specified by [Title 46] that does not affect the substantial rights of the accused must be disregarded.”
State v. Passmore, 2010 MT 34 (Mont. 2010).
“See §§ 46-1-103(3), 46-20-701(2), MCA; cf. Bank of Nova Scotia, 487 U.”
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treatment. Dots show Syfertize treatment of the citing case itself.