Montana Winning Criminal Cases

Montana Supreme Court Winning Cases
Compiled Daily. Also available
WINNING CASES, Every Federal Winning Case Since 1990
By Mark Anthony Given

State v. Schwarz, No. 05-370 (2006 MT 120) (June 1, 2006)(Youth under age of sixteen does not have the capacity or the authority to relinguish her parents privacy rights).
State v. Frickey, No. 05-420 (2006 MT 122) (June 1, 2006)(Reversing DUI Intoxilyzer 5000 must be laboratory certified every 365 days)
State v. Mann, No. 04-137, (2006 MT 116) (June 1, 2006)(District Court violated Mann's constitutional right to appear at all critical stages of the proceedings by excluding him from pre-trial discussions).
State v. Rensvold, No. 05-543 (2006 MT 146)(June 27, 2006)(Affirming district court dismissal where state failed to show up in Justice Court then filed appeal citing wrong statutory authority).
State v. Golie, No. 05-002, (2006 MT 91)(May 2, 2006)(District Court abused its discretion in denying Golie's challenege for cause.
State v. Cesnik, 329 Mont. 63 (2005)(Sentencing court may not punish a defendant for failing to accept responsibility for his crime when that defendant has maintained his innocence and has a right to appeal.
State v. Erikson, 329 Mont. 192 (2005)(Offense of criminal possession of dangerous drug has no indentifiable victim, thus, by statute, the defendant could not be ordered to pay restitution).
State v. Hirt, 329 Mont. 267 (2005)(Restitution ordered w/o statutory requirements, 2. Once sentence imposed court cannot modify w/o statutory authority 3. Cannot reserve right to change or modify senetence later; 3. cannot oreder indigent defendant to pay attorney fees and court cost).
State v. Brockway, 328 Mont. 5 (2005)(District Court erred in concluding it lacked jurisdiction over misdemanor PFMA).
State v. Samples, 328 Mont. 242 (2005)(District Court erred in failing to address all the constitutional issues raised by pro-se petitioner).
State v. Meyer, 328 Mont. 247 (2005(District Court erred in failing to instruct the jury of lesser included offense of unlawful restraint).
State v. Honey, 327 Mont. 49 (2005)(District Court erred in imposition of restitution under 46-18-201 MCA (2001), in the absence of a a deferral or suspension of of all or part of defendnat's sentence).
State v. Lamere, 327 Mont. 115 (2005)(Ineffective assistance of counsel during voir dire).
State v. Cesnik, 329 Mont. 63 (2005)(Sentencing court may not punish a defendant for failing to accept responsibility for his crime when that defendant has maintained his innocence and has a right to appeal.
State v. Erikson, 329 Mont. 192 (2005)(Offense of criminal possession of dangerous drug has no indentifiable victim, thus, by statute, the defendant could not be ordered to pay restitution).
State v. Hirt, 329 Mont. 267 (2005)(Restitution ordered w/o statutory requirements, 2. Once sentence imposed court cannot modify w/o statutory authority 3. Cannot reserve right to change or modify senetence later; 3. cannot oreder indigent defendant to pay attorney fees and court cost).
State v. Brockway, 328 Mont. 5 (2005)(District Court erred in concluding it lacked jurisdiction over misdemanor PFMA).
State v. Samples, 328 Mont. 242 (2005)(District Court erred in failing to address all the constitutional issues raised by pro-se petitioner).

State v. Tracy, 327 Mont. 220 (2005)(Credit for time served for concurrent DOC & MDOC & house arrest).
State v. Becker, 326 Mont. 364 (2005)(Ineffective assisistance of counsel failure to object to double jeopardy).
State v. Rave, 326 Mont. 398 (2005)(Boykin violation).
State v. Graham, 326 Mont. 110 (2005)(Invalid Search warrant).
State v. Anyan, 325 Mont. 245 (2005)(No-Knock Search warrant unreasonable).
State v. Dewitt, 324 Mont. 39 (2004)(Information multiplitious).
State v. Snell. 324 Mont. 173 (2004)(DUI PAST TEST Inadmissable).
Oatman v. State, 324 Mont. 472 (2004)(Fedearl & State time credit).
State v. Kougl, 323 Mont. 6 (2004)(Ineffective assistance of counsel failure to ask for accomplice testimony jury instruction).
State v. Aceto, 323 Mont. 24 (2004)(District Court erred when without warning , excluded defendant from courtroom from remained of trial, and refused to allow his return).
State v. McDonald, 322 Mont. 31 (2004)(Restitution Order vacated).
State v. Henderson, 322 Mont. 69 (2004)(Ineffective assistance of counsel).State v. Evert, 322 Mont. 105 (2004)(Resentencing invalid; remanded to reconsider post conviction petition).
State v. Hill, 322 Mont. 206 (2004)(Count I retained by plea agreement failed to state necessary elements of the offense).
State v. Kroll, 322 Mont. 294 (2004)(District Court erred in impossing conditions of sentence not reasonably related to the underlying offense).
State v. Smith, 322 Mont. 466 (2004)(Defendant held an expectation of privacy in the bathroom of apartment).
State v. Heath, 321 Mont. 280 (2004)(Failing to set the amount, method, and time of each payment to the victim did not comply with requirements of 46-18-244(1) MCA).
State v. Eixenberger, 321 Mont. 298 (2004)(District Court did not specify amount of restitution and PSI failed to document victims loss and the defendant's ability to pay restitution).
State v. Ruiz, 321 Mont. 357 (2004)(District court abused its discretion in denying directed verdict of acquittal on the charge of assisting unqualified applicant to obtain a resident licence (because undercover Fish & Game Warden was a resident)).
Thurston v. State, 321 Mont. 418 (2004)(Ineffective assistance of counsel remand).
State v. Mikesell, 321 Mont. 462 (2004)(Defendant is entitled to have restitution order supported by evidence and determination of ability to pay restitution).State v. Stone, 321 Mont. 489 (2004)(District Court exceeded statutory parameters of 45-8-211(2)(a), MCA (2001)(when sentencing him to five years on each count of animal cruelty).
State v. May, 320 Mont. 116 (2004)(DUI-Private citizen arrest lacked probable cause; all evidence must be suppressed).
State v. Heath, 320 Mont. 211 (2004)(Illegal sentence).
State v. Herd, 320 Mont. 490 (2004)(District Court abused its discretion under 46-18-202(1), MCA, when it imposed a 40 year restriction on the defendant's ability to lawfully rive a motor vehicle).
State v. Dahlin, 319 Mont. 303 (2003)($500 rental fee remanded on stolen car conviction).
State v. Mingus, 319 Mont. 349 (2003)(Sentencing court must give credit for each day of incarceration against both the sentence and the fine imposed; no finding of ability to pay).
State v. Pope, 318 Mont. 383 (2003)(DNA-Actual Innocence; AEDPA "complete miscarriage of justice; faulty jury instruction).
State v. Tyson, 318 Mont. 465 (2003)(Insanity determination ran longer than 90 days requireing dismissal of criminal charges).
State v. Rinkenbach, 318 Mont. 499 (2003)(Improper Fine, restitution & ability to pay finding).
State v. Strauss 317 Mont. 1 (2003)(district court erred in sentencing additional ten years for weapons enhancement).
State v. Garcia, 317 Mont. 73 (2003)(District court abused its discretion in denying continuance).
State v. LaMere, 298 Mont. 358(improper jury summoning process).
State v. Dunkerson, 317 Mont. 228 (2003)(District court erred in specifying amount and payment of restitution).
State v. Finley, 317 Mont. 268 (2003)(district court erred in accepting counsels representation that defendant admitted allegations; 2 courts failure to insure Boykin mandates).
State v. Reiner, 317 Mont. 304 (2003)( DUI-no probale cause to stop).
State v. Hall, 317 Mont. 356 (2003)(Improper jury instruction; 2 failed to explain sentence outside plea agreement).
State v. Bertolino, 317 Mont. 453 (2003)(Speedy Trial violation).
State v. Flanagan, 361 Mont. 1 (2003)(Restitution order without findings).
Walker v. State, 316 Mont. 103 (2003)(Cruel & unussaul punishment at MSP).
State v. Williams, 316 Mont. 140 (2003)(District court erred in not awarding or denying "street time credit.").
State v. Runs Above, 316 Mont. 421 (2003)(District court abused its discretion in allowing deputy's hearsay testimony).
Hope v. State, 316 Mont. 497 (2003)(Ineffective assistance of counsel; failed to file pretrial suppression motions).
State v. Jefferson, 315 Mont. 146 (2003)(Ineffective assistance of counsel).
State v. Van Dort, 315 Mont. 303 (2003)(Confession while in handcuffs and after Miranda fruit of the poisonous tree).
State v. Crawford, 315 Mont. 480 (2003)(DUI Breath Test inadmissable).
State v. Kvislen, 314 Mont. 176 (2003)(Prior DUI w/o counsel inadmissable).
State v. Fisher, 314 Mont. 222 (2003)(jail time credit).
Neal v. State, 314 Mont. 357 (2003)(Did not refuse DUI breath test and entitled to costs).
State v. Nolan, 314 Mont. 371 (2003)(Mistaken release from jail NOT bail-jumping)-; improper line of questioning).
State v. Martinez, 314 Mont. 434 (2003)(suppress all evidence gathered after a result of interrogation subsequent to an invesigatory traffic stop).
State v. Hamilton, 314 Mont. 507 (2003)(warrantless search of lost wallet).
State v. Kaufman, 313 Mont. 1 (2002)(Traffic Stop: Officer harbored no suspicion of wrong-doing within totality of cirmcumstances to justify further investigation by the time he pulled the vehicle over on the highway).
State v. Debus, 313 Mont. 57 (2002)(Insufficient evidence of felony theft).
State v. Welling, 313 Mont. 67 (2002)(No extension of deferred sentence).
State v. Lacasella, 313 Mont. 185 (2002)(License plate in windshild lawful; unlawful investigatory stop).
Watson v. State, 313 Mont. 209 (2002)(Ineffective assistance of counsel warrants evidentiary hearing).
State v. Shreves, 313 Mont. 252 (2002)(District court violated Shreves' right against self incrimination by basing its 100 year sentence in large part on Shreves' refusal to admit his crime and show remorse).
State v. Fisher, 313 Mont. 274 (2002)(officeers investigatory stop unreasonable).
State v. Rardon, 313 Mont. 321 (2002)(Plea agreement violated).
State v. McLeod, 313 Mont. 358 (2002)(Due process right to be sentenced upon accurate information; remanded for determination of abilty to pay fine).
State v. Meeks, 312 Mont. 126 (2002)(illegal sentence).
Gilbert v. State, 312 Mont. 189 (2002)(Court cannot reserve the right change sentence at a later time).
State v. Howard, 312 Mont. 359 (2002)(Uncounseld prior conviction enhancement unlawful).
State v. Rice, 312 Mont. 458 (2002)(Burned of proof shifted).
State v. Tweed, 312 Mont. 484 (2002)(Failed to file appeal; failed to allow withrawl of guilty plea).