Legal Opinion

State v. Shelton

Montana Supreme Court

Decided August 12, 2008No. DA 07-0317PublishedCited by 1 opinion

1Opinion of the CourtJustice Leaphart

¶1 Robert Jonathan Shelton, Jr. (“Shelton”) was convicted by a jury of operating an unlawful clandestine laboratory. Prior to trial, he moved to suppress evidence gathered from a third party’s apartment. Shelton appeals the District Court’s order denying his motion to suppress. We affirm.

¶2 We restate the issues as follows:

¶3 I. Did the District Court err in denying Shelton’s motion to suppress the evidence collected from the consensual search of a garbage can inside a minor’s apartment?

¶4 II. Did the District Court err in concluding that Shelton failed to prove, by a preponderance of the…

2Cases cited5 opinions

  1. Minnesota v. OlsonSupreme Court of the United States · 1990
  2. State v. a Blue in Color, 1993 Chevrolet PickupMontana Supreme Court · 2005
  3. State v. SmithMontana Supreme Court · 2004
  4. State v. GrayMontana Supreme Court · 2001
  5. State v. MorseMontana Supreme Court · 2006

3Cited by1 opinion

  1. State v. SheltonMontana Supreme Court · 2008

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