Notes of Decisions
Cited in
218
cases (
36 in the last 5 years), 1980–2026 · leading case:
Marble v. State, 2015 MT 242 (Mont. 2015).
Marble v. State, 2015 MT 242 (Mont. 2015).
· cites it 115× “A conviction becomes final for purposes of this chapter when: (a) the time for appeal to the Montana supreme court expires; (b) if an appeal is taken to the Montana supreme court, the time for petitioning the United States supreme court for review expires; or (c) if review is…”
Davis v. State, 2008 MT 226 (Mont. 2008).
· cites it 74× “¶ 2 We review the following issue on appeal: ¶ 3 Did the District Court correctly deny Davis's motion to toll on equitable grounds the one-year time bar in § 46-21-102, MCA, so that Davis could file a petition for post-conviction relief? FACTUAL AND PROCEDURAL HISTORY ¶ 4 Davis…”
Pena v. State, 2004 MT 293 (Mont. 2004).
· cites it 60× “The State argues that Peña's petition is barred by the one-year filing period for postconviction relief set forth in § 46-21-102, MCA. That statute provides: XX-XX-XXX.”
State v. Pope, 2003 MT 330 (Mont. 2003).
· cites it 44× “Following the hearing, the District Court determined that Pope did not prove sufficient facts to overcome the five year statute of limitations and concluded that Pope's petition for postconviction relief was statutorily barred by § 46-21-102, MCA (1993). Pope appeals from that…”
State v. Whitehorn, 2002 MT 54 (Mont. 2002).
· cites it 28× “Whitehorn argued that his case was not final since he had not exhausted his remedy of postconviction relief, noting he was within the five-year time period for filing petitions for postconviction relief pursuant to § 46-21-102, MCA. ¶ 11 The District Court found Whitehorn's…”
State v. Osborne, 2005 MT 264 (Mont. 2005).
· cites it 24× “We held that the State, by failing to raise the jurisdictional argument before the district court, had not waived its argument that Peña had exceeded the statutory time limit, pursuant to § 46-21-102, MCA, for filing his petition for postconviction relief.”
State v. Beach, 2009 MT 398 (Mont. 2009).
· cites it 21× “¶20 Whether the District Court properly ruled that Beach’s petition for post-conviction relief was time barred.”
State v. Root, 2003 MT 28 (Mont. 2003).
· cites it 21× “DISCUSSION ¶8 Section 46-21-102, MCA, states as follows: (1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final.”
Lott v. State, 2006 MT 279 (Mont. 2006).
· cites it 15× “” The State further notes that although Lott could have raised any constitutional arguments on direct appeal or in a petition for postconviction relief, he did not, and he is time-barred from relief under the postconviction statute, § 46-21-102, MCA, which during the time period…”
State v. Maine, 2011 MT 90 (Mont. 2011).
· cites it 16× “[5] The State's assertion that this approach "ignore[s]" the postconviction time bar in § 46-21-102, MCA, is incorrect, as the defendant does not seek "to vacate, set aside, or correct the sentence" imposed on the underlying charge, see § 46-21-101(1), MCA, but rather seeks to…”
Peña v. State, 2004 MT 293 (Mont. 2004).
· cites it 60× “The State argues that Peña’s petition is barred by the one-year filing period for postconviction relief set forth in § 46-21-102, MCA. That statute provides: 46-21-102.”
— Mont. Code Ann. § 46-21-102(1) — 81 cases
State v. Root, 2003 MT 28 (Mont. 2003).
“DISCUSSION ¶8 Section 46-21-102, MCA, states as follows: (1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final.”
State v. Whitehorn, 2002 MT 54 (Mont. 2002).
“Whitehorn argued that his case was not final since he had not exhausted his remedy of postconviction relief, noting he was within the five-year time period for filing petitions for postconviction relief pursuant to § 46-21-102, MCA. ¶ 11 The District Court found Whitehorn's…”
— Mont. Code Ann. § 46-21-102(1)(a) — 24 cases
— Mont. Code Ann. § 46-21-102(1)(b) — 13 cases
— Mont. Code Ann. § 46-21-102(1)(c) — 1 case
— Mont. Code Ann. § 46-21-102(2) — 59 cases
Marble v. State, 2015 MT 242 (Mont. 2015).
“A conviction becomes final for purposes of this chapter when: (a) the time for appeal to the Montana supreme court expires; (b) if an appeal is taken to the Montana supreme court, the time for petitioning the United States supreme court for review expires; or (c) if review is…”
State v. Maine, 2011 MT 90 (Mont. 2011).
“[5] The State's assertion that this approach "ignore[s]" the postconviction time bar in § 46-21-102, MCA, is incorrect, as the defendant does not seek "to vacate, set aside, or correct the sentence" imposed on the underlying charge, see § 46-21-101(1), MCA, but rather seeks to…”
— Mont. Code Ann. § 46-21-102(a) — 3 cases
— Mont. Code Ann. § 46-21-102(l)(a) — 3 cases
Marble v. State, 2015 MT 242 (Mont. 2015).
“A conviction becomes final for purposes of this chapter when: (a) the time for appeal to the Montana supreme court expires; (b) if an appeal is taken to the Montana supreme court, the time for petitioning the United States supreme court for review expires; or (c) if review is…”
— Mont. Code Ann. § 46-21-102(l)(b) — 3 cases
State v. Root, 2003 MT 28 (Mont. 2003).
“DISCUSSION ¶8 Section 46-21-102, MCA, states as follows: (1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final.”
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treatment. Dots show Syfertize treatment of the citing case itself.