Notes of Decisions
Cited in
28
cases (
5 in the last 5 years), 1990–2026 · leading case:
State v. Mount, 2003 MT 275 (Mont. 2003).
State v. Mount, 2003 MT 275 (Mont. 2003).
· cites it 24× “Do the registration and disclosure requirements of the Sexual or Violent Offender Registration Act deprive offenders of any "rights" within Article II, Section 28, of the Montana Constitution, or § 46-18-801, MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶ 5 In 1989, Montana enacted…”
United States v. Brooks, 890 P.2d 759 (Mont. 1995).
· cites it 38× “Whether the Probation Division is required by administrative rule to impose the "no firearm" condition in every case, or whether the state district court was aware of the standard Probation Division conditions, does not change the clear mandate of § 46-18-801, MCA. The statute…”
State v. Burch, 2008 MT 118 (Mont. 2008).
· cites it 7× “¶19 As further support of this argument, the State cites to § 46-18-801(1), MCA, which reads as follows: Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the…”
State v. Therriault, 2000 MT 286 (Mont. 2000).
· cites it 8× “1101(7) "reasonable cause" standard, which is necessarily incorporated by reference, pursuant to § 46-18-801, MCA. Thus, Therriault could expect that an intrusion into the privacy of his home would not occur unless McCarty had reasonable cause and first posed a reasonable…”
State v. R. Hinman, 2023 MT 116 (Mont. 2023).
· cites it 7× “II, § 28(2) (emphasis added); see § 46-18-801(2), MCA (“[I]f a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person’s sentence has 3 The vast majority of the Mount Opinion, and the entirety of the Mount Dissent, were…”
State v. Brotherton, 2008 MT 119 (Mont. 2008).
· cites it 4× “The DOC may *516 recommend these rules as conditions of probation, see § 46-23-1011(4)(a), MCA, and the recommended conditions, if they satisfy the applicable sentencing statutes, may in turn be incorporated by the court in the sentencing order, see § 46-18-801(1), MCA;…”
State v. Radan, 143 Wash. 2d 323 (Wash. 2001).
· cites it 3× “” Mont. Code Ann. § 46-18-801 (1). Furthermore, at the time of Radan’s Montana conviction, Montana law provided that “[n]o person shall suffer any civil or constitutional disability not specifically included by the sentencing judge in his order of sentence,” Mont.”
McDermott v. McDonald, 2001 MT 89 (Mont. 2001).
· cites it 2× “On appeal, this Court applied § 46-18-801, MCA, wMch provides that no “offender may be deprived of a civil or constitutional right except as provided in the Montana Constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence .”
State v. Johnson, 2000 MT 290 (Mont. 2000).
· cites it 4× “Peterson’s presentence investigation and report” apply to her, pursuant to § 46-18-801, MCA (requiring that civil or constitutional rights be “specifically enumerated by the sentencing judge”).”
Worden v. Montana Bd. of Pardons & Parole, 1998 MT 168 (Mont. 1998).
· cites it 3× “¶34 Section 46-18-801, MCA, states: “Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed…”
State v. Guill, 2011 MT 32 (Mont. 2011).
· cites it 2× “This is reflected in § 46-18-801(1), MCA, which states: Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the…”
State v. Brown, 2008 MT 115 (Mont. 2008).
· cites it 3× “Under section 46-18-801 MCA, you are restored to all civil rights and full citizenship.”
— Mont. Code Ann. § 46-18-801(1) — 12 cases
State v. Burch, 2008 MT 118 (Mont. 2008).
“¶19 As further support of this argument, the State cites to § 46-18-801(1), MCA, which reads as follows: Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the…”
United States v. Brooks, 890 P.2d 759 (Mont. 1995).
“Whether the Probation Division is required by administrative rule to impose the "no firearm" condition in every case, or whether the state district court was aware of the standard Probation Division conditions, does not change the clear mandate of § 46-18-801, MCA. The statute…”
State v. Brotherton, 2008 MT 119 (Mont. 2008).
“The DOC may *516 recommend these rules as conditions of probation, see § 46-23-1011(4)(a), MCA, and the recommended conditions, if they satisfy the applicable sentencing statutes, may in turn be incorporated by the court in the sentencing order, see § 46-18-801(1), MCA;…”
State v. Therriault, 2000 MT 286 (Mont. 2000).
“1101(7) "reasonable cause" standard, which is necessarily incorporated by reference, pursuant to § 46-18-801, MCA. Thus, Therriault could expect that an intrusion into the privacy of his home would not occur unless McCarty had reasonable cause and first posed a reasonable…”
State v. Guill, 2011 MT 32 (Mont. 2011).
“This is reflected in § 46-18-801(1), MCA, which states: Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the…”
— Mont. Code Ann. § 46-18-801(2) — 6 cases
State v. Mount, 2003 MT 275 (Mont. 2003).
“Do the registration and disclosure requirements of the Sexual or Violent Offender Registration Act deprive offenders of any "rights" within Article II, Section 28, of the Montana Constitution, or § 46-18-801, MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶ 5 In 1989, Montana enacted…”
State v. R. Hinman, 2023 MT 116 (Mont. 2023).
“II, § 28(2) (emphasis added); see § 46-18-801(2), MCA (“[I]f a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person’s sentence has 3 The vast majority of the Mount Opinion, and the entirety of the Mount Dissent, were…”
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treatment. Dots show Syfertize treatment of the citing case itself.