Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.

Friday, September 08, 2006

Robbins v. State, 310 Mont. 10, 50 P.3d 134 Mont.,2002. Following affirmance of his convictions for deliberate homicide and robbery, 292 Mont. 23, 971 P.2d 359, defendant petitioned for postconviction relief. The District Court, Eighth Judicial District, Cascade County, David Cybulski, J., denied petition. Defendant appealed. The Supreme Court, Terry N. Trieweiler, J., held that: (1) error in jury selection process denied defendant constitutional right to impartial jury; (2) substantial change in law after defendant's convictions made “law of the case” doctrine inapplicable; (3) defendant's statutory argument encompassed constitutional argument; and (4) violation of defendant's right to impartial jury required retroactive application of LaMere decision establishing errors in jury selection process as per se basis for reversal. Reversed and remanded.
State v. Good, 309 Mont. 113, 43 P.3d 948 Mont.,2002. March 28, 2002 held that: (1) defendant was not denied his right to a speedy trial by 362-delay attributable to state; (2) trial court abused its discretion in denying for-cause challenges to two prospective jurors; (3) structural error occurs if a district court abuses its discretion by denying a challenge for cause to a prospective juror, defendant uses peremptory challenge to remove disputed juror, and defendant exhausts all of his or her peremptory challenges, overruling State v. DeVore, 1998 MT 340, 292 Mont. 325, 972 P.2d 816; State v. Williams, 262 Mont. 530, 866 P.2d 1099; and (4) improper denial of for-cause challenges in present case was structural error requiring reversal. Affirmed in part, reversed in part, and remanded for new trial.

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