Legal Opinion
State v. West
Montana Supreme Court
Decided October 9, 2008No. 05-496PublishedCited by 77 opinions
1Opinion of the CourtJustice Nelson
¶1 The District Court for the Eighth Judicial District, Cascade County, found that Dennis West had violated a condition of his suspended sentence. The court accordingly revoked the sentence and resentenced West to the Department of Corrections. West now appeals, contending that the nearly 26-month delay in bringing him before the District Court on the alleged violation constituted “unnecessary delay” under § 46-18-203(4), MCA, and infringed his rights to due process under the Fourteenth Amendment to the United States Constitution and Article II, Section 17 of the Montana Constitution.
¶2 We…
2Cases cited55 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Barker v. WingoSupreme Court of the United States · 1972
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
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3Cited by77 opinions
- State v. PassmoreMontana Supreme Court · 2010
- State v. JacksonMontana Supreme Court · 2009
- State v. NormanMontana Supreme Court · 2010
- State v. Bobby CookseyMontana Supreme Court · 2012
- State v. BelanusMontana Supreme Court · 2010
72 more not listed; retrieve them via the Exa API.