Notes of Decisions
Cited in
52
cases (
5 in the last 5 years), 1994–2025 · leading case:
State v. Black, 891 P.2d 1162 (Mont. 1995).
State v. Black, 891 P.2d 1162 (Mont. 1995).
· cites it 60× “Was the District Court authorized to convict Black of the lesser included offense of sexual assault? Section 46-16-607(1), MCA, provides in pertinent part that a "defendant may be found guilty of an offense necessarily included in the offense charged.”
State v. Schmidt, 2009 MT 450 (Mont. 2009).
· cites it 27× “Section 46-16-607, MCA. ¶ 50 Did the District Court properly deny Schmidt's motion to suppress evidence of his confession? ¶ 51 Schmidt argues that he gave his confession and consent to a search in response to deficient Miranda warnings.”
State v. Robbins, 1998 MT 297 (Mont. 1998).
· cites it 24× “More importantly, a new statute, § 46-16-607, MCA, was enacted that qualified the unanimity requirement of the predecessor statute, § 46-16-602, MCA (1989).”
State v. Beavers, 1999 MT 260 (Mont. 1999).
· cites it 16× “Section 46-16-607, MCA, provides, in relevant part: (2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.”
State v. Hubbel, 2001 MT 31 (Mont. 2001).
· cites it 11× “Whether the appellant sustained his burden of demonstrating that his trial counsel was constitutionally ineffective for failing to request a “failure to agree” instruction as allowed by § 46-16-607(3), MCA. ¶4 2. Whether the District Court abused its discretion when it sentenced…”
Sellner v. State, 2004 MT 205 (Mont. 2004).
· cites it 16× “¶ 41 Section 46-16-607, MCA (1991), addresses when a jury can convict on a lesser included offense: Conviction of lesser included offense.”
State v. Sellner, 951 P.2d 996 (Mont. 1997).
· cites it 22× “(2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.”
State v. Hoffman, 2003 MT 26 (Mont. 2003).
· cites it 12× “, risk of injury rather than actual injury); and 2) criminal endangerment differs from aggravated assault only in the sense that less serious injury or risk is required to establish its commission ( i.”
State v. Goulet, 938 P.2d 1330 (Mont. 1997).
· cites it 10× “See § 46-16-607, MCA. In this case, the only evidence remotely arguable as evidence of negligence was Goulet's statement that as he repeatedly stabbed Running Crane in the stomach, chest, and back, he was hoping that he was not seriously hurting him.”
State v. Rogers, 2001 MT 165 (Mont. 2001).
· cites it 8× “Section 46-16-607(3) provides that “[u]pon request of the defendant at the settling of instructions, the court shall instruct the jury that it may consider the lesser included offense if it is unable after reasonable effort to reach a verdict on the greater offense.”
State v. Martinosky, 1999 MT 122 (Mont. 1999).
· cites it 12× “The District Court refused the instruction and Martinosky asserts error. ¶ 18 A criminal defendant is entitled to a jury instruction on a lesser included offense if, in light of the evidence presented, the jury could be warranted in finding the defendant guilty of the lesser,…”
State v. Castle, 948 P.2d 688 (Mont. 1997).
· cites it 6× “Section 46-16-607(2), MCA; State v. Fisch (1994), 266 Mont.”
— Mont. Code Ann. § 46-16-607(1) — 3 cases
State v. Black, 891 P.2d 1162 (Mont. 1995).
“Was the District Court authorized to convict Black of the lesser included offense of sexual assault? Section 46-16-607(1), MCA, provides in pertinent part that a "defendant may be found guilty of an offense necessarily included in the offense charged.”
— Mont. Code Ann. § 46-16-607(2) — 40 cases
State v. Hoffman, 2003 MT 26 (Mont. 2003).
“, risk of injury rather than actual injury); and 2) criminal endangerment differs from aggravated assault only in the sense that less serious injury or risk is required to establish its commission ( i.”
State v. Black, 891 P.2d 1162 (Mont. 1995).
“Was the District Court authorized to convict Black of the lesser included offense of sexual assault? Section 46-16-607(1), MCA, provides in pertinent part that a "defendant may be found guilty of an offense necessarily included in the offense charged.”
State v. Beavers, 1999 MT 260 (Mont. 1999).
“Section 46-16-607, MCA, provides, in relevant part: (2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.”
State v. Sellner, 951 P.2d 996 (Mont. 1997).
“(2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.”
State v. Martinosky, 1999 MT 122 (Mont. 1999).
“The District Court refused the instruction and Martinosky asserts error. ¶ 18 A criminal defendant is entitled to a jury instruction on a lesser included offense if, in light of the evidence presented, the jury could be warranted in finding the defendant guilty of the lesser,…”
— Mont. Code Ann. § 46-16-607(3) — 9 cases
State v. Schmidt, 2009 MT 450 (Mont. 2009).
“Section 46-16-607, MCA. ¶ 50 Did the District Court properly deny Schmidt's motion to suppress evidence of his confession? ¶ 51 Schmidt argues that he gave his confession and consent to a search in response to deficient Miranda warnings.”
State v. Robbins, 1998 MT 297 (Mont. 1998).
“More importantly, a new statute, § 46-16-607, MCA, was enacted that qualified the unanimity requirement of the predecessor statute, § 46-16-602, MCA (1989).”
State v. Hubbel, 2001 MT 31 (Mont. 2001).
“Whether the appellant sustained his burden of demonstrating that his trial counsel was constitutionally ineffective for failing to request a “failure to agree” instruction as allowed by § 46-16-607(3), MCA. ¶4 2. Whether the District Court abused its discretion when it sentenced…”
State v. Rogers, 2001 MT 165 (Mont. 2001).
“Section 46-16-607(3) provides that “[u]pon request of the defendant at the settling of instructions, the court shall instruct the jury that it may consider the lesser included offense if it is unable after reasonable effort to reach a verdict on the greater offense.”
Sellner v. State, 2004 MT 205 (Mont. 2004).
“¶ 41 Section 46-16-607, MCA (1991), addresses when a jury can convict on a lesser included offense: Conviction of lesser included offense.”
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