Notes of Decisions
Cited in
69
cases (
10 in the last 5 years), 1979–2025 · leading case:
State v. Strizich, 952 P.2d 1365 (Mont. 1997).
State v. Strizich, 952 P.2d 1365 (Mont. 1997).
· cites it 22× “We noted that § 46-20-103, MCA, authorizes the State to appeal from justice court to district court any order or judgment which has the effect of (a) dismissing a case, or (e) suppressing evidence.”
State v. Yarns, 826 P.2d 543 (Mont. 1992).
· cites it 39× “(2) A party may appeal to the district court by giving written notice of his intention to appeal within 10 days after judgment, except that the state may only appeal in the cases provided for in XX-XX-XXX.”
State v. Romero, 926 P.2d 717 (Mont. 1996).
· cites it 18× “(2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial. In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date the order complained…”
State v. Neiss, 443 P.3d 435 (Mont. 2019).
· cites it 10× “¶79 Section 46-20-103, MCA, sets forth the scope of appeal provided to the State.”
State v. Willis, 2008 MT 293 (Mont. 2008).
· cites it 17× “The court reached this conclusion based upon the Commission Comment to § 46-20-103, MCA. The comment states that “[t]he dismissing of a warrant, suppressing evidence or suppressing an admission or confession, as well as changing the venue of the trial, may result in the…”
State v. Kesler, 741 P.2d 791 (Mont. 1987).
· cites it 18× “” Section 46-20-103, MCA, provides: “(1) Except as otherwise specifically authorized, thé state may not appeal in a criminal case.”
State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010).
· cites it 4× “” We have clarified, however, that orders “suppressing evidence” are “orders which exclude evidence on the grounds that the evidence has been illegally obtained,” and do not include “pretrial orders which exclude evidence based on Rules of Evidence, such as relevancy, probative…”
State v. Aakre, 2002 MT 101 (Mont. 2002).
· cites it 4× “Pursuant to § 46-20-103(c), MCA, the State appeals this decision, asserting that the other crimes evidence was properly admitted against Aakre as evidence of common scheme or evidence of absence of mistake or accident. ¶ 2 We address the following issue on appeal: Did the…”
State v. Rensvold, 2006 MT 146 (Mont. 2006).
· cites it 8× “” ¶12 Referring to the County Attorney’s “disingenuous” comment as itself disingenuous, the District Court Judge went on, however, to conclude: By law the Defendant is entitled to a jury trial in Justice Court and, upon an unfavorable verdict, a jury trial de novo in District…”
State v. Carney, 714 P.2d 532 (Mont. 1986).
· cites it 9× “Because these issues are interwoven, we will discuss them together. With regard to the issue on the right to appeal from the evidentiary ruling, both parties agree that the State’s right of appeal, if any, is controlled by Section 46-20-103, MCA: “Scope of appeal by state.”
State v. Finley, 2011 MT 89 (Mont. 2011).
· cites it 6× “Section 46-20-103(1), MCA. However, there are exceptions to this rule, including when a lower court’s order or judgment substantively results in the dismissal of a case, or modifies *178 or changes a verdict.”
State v. Bell, 923 P.2d 524 (Mont. 1996).
· cites it 8× “Pursuant to § 46-20-103(2)(b), MCA, the State appeals from the Big Horn County, Thirteenth Judicial District Court's Order modifying the jury verdict of defendant Bradley J.”
— Mont. Code Ann. § 46-20-103(1) — 5 cases
State v. Neiss, 443 P.3d 435 (Mont. 2019).
“¶79 Section 46-20-103, MCA, sets forth the scope of appeal provided to the State.”
State v. Finley, 2011 MT 89 (Mont. 2011).
“Section 46-20-103(1), MCA. However, there are exceptions to this rule, including when a lower court’s order or judgment substantively results in the dismissal of a case, or modifies *178 or changes a verdict.”
— Mont. Code Ann. § 46-20-103(1)(e) — 1 case
— Mont. Code Ann. § 46-20-103(2) — 11 cases
State v. Willis, 2008 MT 293 (Mont. 2008).
“The court reached this conclusion based upon the Commission Comment to § 46-20-103, MCA. The comment states that “[t]he dismissing of a warrant, suppressing evidence or suppressing an admission or confession, as well as changing the venue of the trial, may result in the…”
State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010).
“” We have clarified, however, that orders “suppressing evidence” are “orders which exclude evidence on the grounds that the evidence has been illegally obtained,” and do not include “pretrial orders which exclude evidence based on Rules of Evidence, such as relevancy, probative…”
State v. Finley, 2011 MT 89 (Mont. 2011).
“Section 46-20-103(1), MCA. However, there are exceptions to this rule, including when a lower court’s order or judgment substantively results in the dismissal of a case, or modifies *178 or changes a verdict.”
State v. Neiss, 443 P.3d 435 (Mont. 2019).
“¶79 Section 46-20-103, MCA, sets forth the scope of appeal provided to the State.”
— Mont. Code Ann. § 46-20-103(2)(a) — 9 cases
State v. Rensvold, 2006 MT 146 (Mont. 2006).
“” ¶12 Referring to the County Attorney’s “disingenuous” comment as itself disingenuous, the District Court Judge went on, however, to conclude: By law the Defendant is entitled to a jury trial in Justice Court and, upon an unfavorable verdict, a jury trial de novo in District…”
— Mont. Code Ann. § 46-20-103(2)(b) — 5 cases
State v. Bell, 923 P.2d 524 (Mont. 1996).
“Pursuant to § 46-20-103(2)(b), MCA, the State appeals from the Big Horn County, Thirteenth Judicial District Court's Order modifying the jury verdict of defendant Bradley J.”
— Mont. Code Ann. § 46-20-103(2)(c) — 1 case
— Mont. Code Ann. § 46-20-103(2)(e) — 15 cases
State v. Yarns, 826 P.2d 543 (Mont. 1992).
“(2) A party may appeal to the district court by giving written notice of his intention to appeal within 10 days after judgment, except that the state may only appeal in the cases provided for in XX-XX-XXX.”
State v. Rensvold, 2006 MT 146 (Mont. 2006).
“” ¶12 Referring to the County Attorney’s “disingenuous” comment as itself disingenuous, the District Court Judge went on, however, to conclude: By law the Defendant is entitled to a jury trial in Justice Court and, upon an unfavorable verdict, a jury trial de novo in District…”
State v. Strizich, 952 P.2d 1365 (Mont. 1997).
“We noted that § 46-20-103, MCA, authorizes the State to appeal from justice court to district court any order or judgment which has the effect of (a) dismissing a case, or (e) suppressing evidence.”
State v. Neiss, 443 P.3d 435 (Mont. 2019).
“¶79 Section 46-20-103, MCA, sets forth the scope of appeal provided to the State.”
— Mont. Code Ann. § 46-20-103(2)(h) — 5 cases
— Mont. Code Ann. § 46-20-103(c) — 1 case
State v. Aakre, 2002 MT 101 (Mont. 2002).
“Pursuant to § 46-20-103(c), MCA, the State appeals this decision, asserting that the other crimes evidence was properly admitted against Aakre as evidence of common scheme or evidence of absence of mistake or accident. ¶ 2 We address the following issue on appeal: Did the…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.