Notes of Decisions
Cited in
20
cases (
5 in the last 5 years), 1981–2025 · leading case:
State v. Gatlin, 2009 MT 348 (Mont. 2009).
State v. Gatlin, 2009 MT 348 (Mont. 2009).
· cites it 12× “¶ 20 Section 46-8-101(1), MCA, requires that, at an initial appearance, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008).
“048 (2000); (23) Montana: see Mont. Code Ann. §46-8-101 (2007); (24) Nebraska: see Neb.”
State v. Skurdal, 767 P.2d 304 (Mont. 1988).
· cites it 3× “Section 46-8-101(3), MCA (1985), provides that appointment of counsel for misdemeanor charges such as these is discretionary with the trial judge.”
State v. Lange, 733 P.2d 846 (Mont. 1987).
· cites it 3× “Section 46-8-101, MCA, specifies that counsel will be appointed for indigent parties in felony cases and may be appointed in misdemeanor cases.”
City of Billings v. Layzell, 789 P.2d 221 (Mont. 1990).
· cites it 3× “While we soundly condemn the court’s actions, we will not *153 find a constitutional violation when the appellant intentionally created and prolonged the incident.”
State v. Dillard, 2006 MT 328 (Mont. 2006).
· cites it 2× “Specifically, Dillard cites § 46-8-101, MCA. This statute, effective July 1, 2006, provides: Right to counsel.”
State v. Adams, 2002 MT 202 (Mont. 2002).
· cites it 3× “Section 46-8-101(3)(c), MCA, provides that a “defendant, if unable to employ counsel, is entitled to have counsel assigned if the interests of justice would be served by assignment.”
EDWARD C. v. Collings, 632 P.2d 325 (Mont. 1981).
· cites it 3× “Regarding the right to counsel in justice or municipal court, section 46-8-101, MCA, provides: *429 “(1) Every defendant brought before the court must be informed by the court that it is his right to have counsel before proceeding and must be asked if he desires the aid of…”
Off. of State Pub. Def. v. Fagenstrom, 439 P.3d 1285 (Mont. 2019).
· cites it 18× “The Justice Court further asserts that "any legislation," such as § 46-8-101, MCA, "enacted for the purpose of taking away a [d]efendant's right to [counsel] and thus save money is unconstitutional.”
Christopher Kenton Dyer v. Mahoney, 2008 MT 117 (Mont. 2008).
· cites it 4× “¶3 Pursuant to § 46-8-101(2), MCA, a defendant who is charged with a felony or a misdemeanor offense for which incarceration upon conviction is a sentencing option, and who desires assigned counsel because of financial inability to retain private counsel, is entitled to the…”
State v. Stringer, 868 P.2d 588 (Mont. 1994).
· cites it 5× “Section 46-8-101, MCA, which governs the right to counsel in criminal trials, provides in pertinent part: (2) If the defendant desires counsel, is unable to employ counsel, and is entitled to have counsel assigned, the court shall assign counsel to the defendant without…”
— Mont. Code Ann. § 46-8-101(1) — 4 cases
State v. Gatlin, 2009 MT 348 (Mont. 2009).
“¶ 20 Section 46-8-101(1), MCA, requires that, at an initial appearance, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.”
— Mont. Code Ann. § 46-8-101(2) — 5 cases
State v. Gatlin, 2009 MT 348 (Mont. 2009).
“¶ 20 Section 46-8-101(1), MCA, requires that, at an initial appearance, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.”
Christopher Kenton Dyer v. Mahoney, 2008 MT 117 (Mont. 2008).
“¶3 Pursuant to § 46-8-101(2), MCA, a defendant who is charged with a felony or a misdemeanor offense for which incarceration upon conviction is a sentencing option, and who desires assigned counsel because of financial inability to retain private counsel, is entitled to the…”
Off. of State Pub. Def. v. Fagenstrom, 439 P.3d 1285 (Mont. 2019).
“The Justice Court further asserts that "any legislation," such as § 46-8-101, MCA, "enacted for the purpose of taking away a [d]efendant's right to [counsel] and thus save money is unconstitutional.”
— Mont. Code Ann. § 46-8-101(3) — 4 cases
State v. Skurdal, 767 P.2d 304 (Mont. 1988).
“Section 46-8-101(3), MCA (1985), provides that appointment of counsel for misdemeanor charges such as these is discretionary with the trial judge.”
City of Billings v. Layzell, 789 P.2d 221 (Mont. 1990).
“While we soundly condemn the court’s actions, we will not *153 find a constitutional violation when the appellant intentionally created and prolonged the incident.”
Off. of State Pub. Def. v. Fagenstrom, 439 P.3d 1285 (Mont. 2019).
“The Justice Court further asserts that "any legislation," such as § 46-8-101, MCA, "enacted for the purpose of taking away a [d]efendant's right to [counsel] and thus save money is unconstitutional.”
— Mont. Code Ann. § 46-8-101(3)(b) — 1 case
— Mont. Code Ann. § 46-8-101(3)(c) — 1 case
State v. Adams, 2002 MT 202 (Mont. 2002).
“Section 46-8-101(3)(c), MCA, provides that a “defendant, if unable to employ counsel, is entitled to have counsel assigned if the interests of justice would be served by assignment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.