Notes of Decisions
Cited in
100
cases (
17 in the last 5 years), 1980–2025 · leading case:
State v. Brummer, 1998 MT 11 (Mont. 1998).
State v. Brummer, 1998 MT 11 (Mont. 1998).
· cites it 121× “¶ 32 In Montana, the statute under which a new trial may be granted is § 46-16-702, MCA, which provides: Motion for a new trial.”
State v. McWilliams, 2008 MT 59 (Mont. 2008).
· cites it 52× “Instead, § 46-16-702, MCA, permits a defendant to move for a new trial following a verdict of guilty and permits the district court to modify or change the verdict by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.”
State v. Morse, 2015 MT 51 (Mont. 2015).
· cites it 91× “Although the Court is concerned about the matters raised in Defendant’s Amended Motion for New Trial, it concludes the motion is time barred under section 46-16-702, MCA, and that no exception to the time bar applies.”
State v. Barry Allan Beach, 2013 MT 130 (Mont. 2013).
· cites it 25× “To prevail on such a motion grounded on newly discovered evidence, we held that the defendant must show: (1) The evidence must have been discovered since the defendant’s trial; (2) the failure to discover the evidence sooner must not be the result of a lack of diligence on the…”
State v. Ariegwe, 2007 MT 204 (Mont. 2007).
· cites it 9× “¶ 14 On March 24, 2004, Ariegwe filed a motion for a new trial pursuant to § 46-16-702, *826 MCA. He argued that he had been denied a fair trial because the prosecutor, during closing arguments, had inaccurately represented certain scientific evidence adduced at trial and…”
State v. MacKrill, 2008 MT 297 (Mont. 2008).
· cites it 13× “Thereafter, Mackrill filed a post-trial motion requesting that the court, pursuant to § 46-16-702, MCA, “find him not guilty of Aggravated Assault, or in the alternative, guilty of the lesser included offense of Misdemeanor Assault.”
State v. Gollehon, 906 P.2d 697 (Mont. 1995).
· cites it 17× “We noted that the motion was both untimely and filed in the wrong court under § 95-2101, RCM (1947), the predecessor to § 46-16-702, MCA. Best, 503 P.2d at 1000 .”
State v. Marker, 2000 MT 303 (Mont. 2000).
· cites it 50× “¶10 Section 46-16-702, MCA, provides as follows: Motion for new trial.”
State v. Harris, 1999 MT 115 (Mont. 1999).
· cites it 12× “legally inconsistent with the verdict acquitting Harris of sexual intercourse without consent? ¶ 14 Following trial, Harris moved to set aside the verdict and dismiss the incest charge, arguing that it was legally inconsistent for the jury to have found him not guilty of the…”
State v. Bobby Cooksey, 2012 MT 226 (Mont. 2012).
· cites it 10× “The motion must be in writing, must specify the grounds for a new trial, and must be served upon the prosecution.”
State v. Franks, 2014 MT 273 (Mont. 2014).
· cites it 10× “” Section 46-16-702, MCA. The court may order a new trial either on motion of the defendant or of its own accord, pursuant to its inherent powers.”
Marble v. State, 2015 MT 242 (Mont. 2015).
· cites it 10× “¶29 Because the PCR petitioner is presumed guilty following the entry of a judgment of conviction, his burden when seeking postconviction relief based upon newly discovered evidence should be greater than that imposed upon a petitioner seeking a new trial under § 46-16-702, MCA.…”
— Mont. Code Ann. § 46-16-702(1) — 29 cases
State v. Ariegwe, 2007 MT 204 (Mont. 2007).
“¶ 14 On March 24, 2004, Ariegwe filed a motion for a new trial pursuant to § 46-16-702, *826 MCA. He argued that he had been denied a fair trial because the prosecutor, during closing arguments, had inaccurately represented certain scientific evidence adduced at trial and…”
State v. Morse, 2015 MT 51 (Mont. 2015).
“Although the Court is concerned about the matters raised in Defendant’s Amended Motion for New Trial, it concludes the motion is time barred under section 46-16-702, MCA, and that no exception to the time bar applies.”
State v. Barry Allan Beach, 2013 MT 130 (Mont. 2013).
“To prevail on such a motion grounded on newly discovered evidence, we held that the defendant must show: (1) The evidence must have been discovered since the defendant’s trial; (2) the failure to discover the evidence sooner must not be the result of a lack of diligence on the…”
— Mont. Code Ann. § 46-16-702(2) — 19 cases
State v. Morse, 2015 MT 51 (Mont. 2015).
“Although the Court is concerned about the matters raised in Defendant’s Amended Motion for New Trial, it concludes the motion is time barred under section 46-16-702, MCA, and that no exception to the time bar applies.”
Marble v. State, 2015 MT 242 (Mont. 2015).
“¶29 Because the PCR petitioner is presumed guilty following the entry of a judgment of conviction, his burden when seeking postconviction relief based upon newly discovered evidence should be greater than that imposed upon a petitioner seeking a new trial under § 46-16-702, MCA.…”
State v. Marker, 2000 MT 303 (Mont. 2000).
“¶10 Section 46-16-702, MCA, provides as follows: Motion for new trial.”
State v. Barry Allan Beach, 2013 MT 130 (Mont. 2013).
“To prevail on such a motion grounded on newly discovered evidence, we held that the defendant must show: (1) The evidence must have been discovered since the defendant’s trial; (2) the failure to discover the evidence sooner must not be the result of a lack of diligence on the…”
— Mont. Code Ann. § 46-16-702(3) — 5 cases
— Mont. Code Ann. § 46-16-702(3)(a) — 1 case
State v. McWilliams, 2008 MT 59 (Mont. 2008).
“Instead, § 46-16-702, MCA, permits a defendant to move for a new trial following a verdict of guilty and permits the district court to modify or change the verdict by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.”
— Mont. Code Ann. § 46-16-702(3)(b) — 2 cases
State v. McWilliams, 2008 MT 59 (Mont. 2008).
“Instead, § 46-16-702, MCA, permits a defendant to move for a new trial following a verdict of guilty and permits the district court to modify or change the verdict by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.”
State v. MacKrill, 2008 MT 297 (Mont. 2008).
“Thereafter, Mackrill filed a post-trial motion requesting that the court, pursuant to § 46-16-702, MCA, “find him not guilty of Aggravated Assault, or in the alternative, guilty of the lesser included offense of Misdemeanor Assault.”
— Mont. Code Ann. § 46-16-702(3)(c) — 5 cases
State v. McWilliams, 2008 MT 59 (Mont. 2008).
“Instead, § 46-16-702, MCA, permits a defendant to move for a new trial following a verdict of guilty and permits the district court to modify or change the verdict by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.”
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treatment. Dots show Syfertize treatment of the citing case itself.