Notes of Decisions
Cited in
34
cases (
3 in the last 5 years), 1981–2021 · leading case:
State v. Cech, 2007 MT 184, 167 P.3d 389.
State v. Cech, 2007 MT 184, 167 P.3d 389.
· cites it 88× “¶11 Cech argues that the District Court’s order should be reversed because Cech’s prosecution for theft in Montana was barred on double jeopardy grounds as a result of his 4 conviction for possession of stolen property in Washington.”
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
· cites it 61× “Section 46-11-504, MCA, provides in relevant part: When conduct constitutes an offense within the concurrent jurisdiction .”
State v. Gazda, 2003 MT 350, 82 P.3d 20.
· cites it 44× “¶ 12 We have previously stated that § 46-11-504, MCA, provides criminal defendants with greater protection against double jeopardy than the traditional double jeopardy "elements" test set forth by the United States Supreme Court in Blockburger v.”
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344, 972 P.2d 325.
· cites it 66× “Did the District Court err in concluding that Booth's prosecution for negligent homicide is not barred by § 46-11-504, MCA (1995)? ¶ 9 3. Does the State's prosecution of Booth for negligent homicide violate the double jeopardy provision contained in Article II, Section 25 of the…”
State v. James, 2010 MT 175, 237 P.3d 672.
· cites it 32× “Section 46-11-504, MCA. "Same transaction" is defined by statute as "conduct consisting of a series of acts or omissions that are motivated by: (a) a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective.”
Scott Heddings v. State, 2011 MT 228, 265 P.3d 600.
· cites it 20× “Thus, Heddings argues that the District Court erred in concluding that his trial counsel provided effective assistance when counsel failed to raise a double jeopardy objection to Heddings being prosecuted in State court for what he claims was the same conduct that was used to…”
State v. D. Burton, 2017 MT 306, 407 P.3d 280.
· cites it 22× “Burton immediately filed this appeal, on statutory grounds, challenging only counts (1) felony deceptive practices (Roncalli); (4) burglary (Corbally); and (9) felony theft (Mihelish, Knudson, Jack and Jill, and McClain).”
State v. Sword, 747 P.2d 206 (Mont. 1987).
· cites it 27× “In this case, however, we must first look to Section 46-11-504, MCA, to determine whether the prosecution in federal court is a bar to the subsequent prosecution in state court.”
State v. Neufeld, 2009 MT 235, 212 P.3d 1063.
· cites it 20× “¶2 The issue before this Court is whether § 46-11-504, MCA, bars Neufeld’s prosecution on the Montana sexual intercourse without consent charge.”
State v. Couture, 1998 MT 137, 959 P.2d 948.
· cites it 17× “Subsequently, Couture moved the District Court to dismiss the DUI, claiming it violated § 46-11-504, MCA, Montana’s double jeopardy statute.”
Lacey v. State, 2017 MT 18, 389 P.3d 233.
· cites it 7× “3d 1063 , decided after Lacey’s appeal was final, Lacey argues that his trial counsel provided ineffective assistance by not seeking dismissal of his state charges as “double jeopardy” under § 46-11-504, MCA, the multiple prosecution statute, after he pled guilty in Federal…”
State v. Curtis Cline, 2013 MT 188, 305 P.3d 55.
· cites it 53× “Cline argued that the charge violated his right not to be subject to double jeopardy under § 46-11-504, MCA. The District Court denied Cline’s motion to dismiss.”
Mont. Code Ann. § 46-11-504(1): 21 cases
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
“Section 46-11-504, MCA, provides in relevant part: When conduct constitutes an offense within the concurrent jurisdiction .”
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344, 972 P.2d 325.
“Did the District Court err in concluding that Booth's prosecution for negligent homicide is not barred by § 46-11-504, MCA (1995)? ¶ 9 3. Does the State's prosecution of Booth for negligent homicide violate the double jeopardy provision contained in Article II, Section 25 of the…”
State v. Cech, 2007 MT 184, 167 P.3d 389.
“¶11 Cech argues that the District Court’s order should be reversed because Cech’s prosecution for theft in Montana was barred on double jeopardy grounds as a result of his 4 conviction for possession of stolen property in Washington.”
State v. Gazda, 2003 MT 350, 82 P.3d 20.
“¶ 12 We have previously stated that § 46-11-504, MCA, provides criminal defendants with greater protection against double jeopardy than the traditional double jeopardy "elements" test set forth by the United States Supreme Court in Blockburger v.”
State v. D. Burton, 2017 MT 306, 407 P.3d 280.
“Burton immediately filed this appeal, on statutory grounds, challenging only counts (1) felony deceptive practices (Roncalli); (4) burglary (Corbally); and (9) felony theft (Mihelish, Knudson, Jack and Jill, and McClain).”
Mont. Code Ann. § 46-11-504(2): 1 case
State v. D. Burton, 2017 MT 306, 407 P.3d 280.
“Burton immediately filed this appeal, on statutory grounds, challenging only counts (1) felony deceptive practices (Roncalli); (4) burglary (Corbally); and (9) felony theft (Mihelish, Knudson, Jack and Jill, and McClain).”
Mont. Code Ann. § 46-11-504(4): 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.