Legal Opinion

State v. McCarthy

Montana Supreme Court

Decided November 12, 2004No. 03-434PublishedCited by 42 opinions

1Opinion of the CourtJustice Regnier

¶1 Roman McCarthy (McCarthy) was convicted of Intimidation, a felony, in violation of § 45-5-203, MCA, for threats made to probation and parole officers, a prosecutor and a district court judge. He appeals his conviction. We affirm the District Court.

¶2 There are five issues raised in this appeal:

¶3 1. Whether the District Court should have ordered a competency hearing sua sponte.

¶4 2. When McCarthy did not appear the second day of trial, did the District Court err when it accepted McCarthy’s written waiver of appearance?

¶5 3. Did the District Court err in denying McCarthy’s post-verdict…

2Cases cited17 opinions

  1. Illinois v. AllenSupreme Court of the United States · 1970
  2. State v. LohMontana Supreme Court · 1996
  3. State v. TapsonMontana Supreme Court · 2001
  4. State v. DuBrayMontana Supreme Court · 2003
  5. State v. GollehonMontana Supreme Court · 1995

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

3Cited by42 opinions

  1. State v. MattMontana Supreme Court · 2008
  2. In Re the Mental Health of L.K.-S.Montana Supreme Court · 2011
  3. State v. ClarkMontana Supreme Court · 2005
  4. State v. St. GermainMontana Supreme Court · 2007
  5. State v. WeaverMontana Supreme Court · 2008

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

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