Legal Opinion
State v. D. Theeler
Montana Supreme Court
Decided December 6, 2016No. DA 15-0575PublishedCited by 9 opinions
1Opinion of the CourtJustice Baker
*472¶1 Donald Theeler physically assaulted his girlfriend, causing her numerous injuries. He sought to dismiss his Partner or Family Member Assault (PFMA) charge on the ground that the statute under which he was charged violated his right to equal protection because it did not apply to persons in same-sex intimate relationships. The Eleventh Judicial District Court upheld the Justice Court’s denial of his motion.
¶2 We affirm.
PROCEDURAL AND FACTUAL BACKGROUND
¶3 In September 2012, Theeler was arrested after his girlfriend reported that he had “been beating on her all night.” The State charged…
2Cases cited13 opinions
- United States v. JacksonSupreme Court of the United States · 1968
- Lawrence v. TexasSupreme Court of the United States · 2003
- Obergefell v. HodgesSupreme Court of the United States · 2015
- United States v. WindsorSupreme Court of the United States · 2013
- Gryczan v. StateMontana Supreme Court · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nagr v. Jeff ManganCourt of Appeals for the Ninth Circuit · 2019
- McDonald v. JacobsenMontana Supreme Court · 2022
- State v. F. TorresMontana Supreme Court · 2017
- State v. R. HinmanMontana Supreme Court · 2023
- B. Watts v. StateMontana Supreme Court · 2020
4 more not listed; retrieve them via the Exa API.