Legal Opinion

State v. Alvin Duncan

Montana Supreme Court

Decided April 29, 2008No. DA 06-0653PublishedCited by 36 opinions

1Opinion of the CourtJustice Leaphart

¶1 Alvin J. Duncan (“Duncan”) was convicted by a jury of two counts of felony sexual assault, and sentenced to forty years in prison, with *222twenty-four years suspended. He appeals both the jury’s verdict and the legality of his sentence. We affirm in part, and reverse and remand in part.

¶2 Duncan raises the following issues on appeal:

¶3 I. Did the District Court err by denying Duncan’s motion to dismiss the charges pertaining to C.S.?

¶4 II. Did the District Court abuse its discretion by denying Duncan’s motion to sever the charges?

¶5 III. Did the District Court abuse its discretion by denying…

2Cases cited23 opinions

  1. State v. JustMontana Supreme Court · 1979
  2. State v. AshbyMontana Supreme Court · 2008
  3. George P. Bradley v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  4. State v. HicksMontana Supreme Court · 2006
  5. State v. ImlayMontana Supreme Court · 1991

18 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. TaylorMontana Supreme Court · 2010
  2. State v. GiddingsMontana Supreme Court · 2009
  3. State v. JacksonMontana Supreme Court · 2009
  4. State v. WeisbarthMontana Supreme Court · 2016
  5. Renenger v. StateMontana Supreme Court · 2018

31 more not listed; retrieve them via the Exa API.

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