Legal Opinion

State v. Dunsmore

Montana Supreme Court

Decided April 21, 2015No. DA 14-0087PublishedCited by 7 opinions

1Opinion of the CourtJustice Shea

¶1 Michael Dunsmore appeals from the judgment of the Eleventh Judicial District Court, Flathead County, that sentenced him to five years in the Montana State Prison (MSP) for failure to register as a sex offender, and a consecutive sentence of ten years in MSP with five years suspended for felony theft.

¶2 The issue on appeal is whether the District Court Judge was disqualified from hearing Dunsmore’s case due to personal knowledge of facts in dispute in the sentencing proceeding. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Dunsmore was charged with failure to register as a sex offender and…

2Cases cited13 opinions

  1. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009
  2. Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948
  3. Bean v. BaileyTennessee Supreme Court · 2009
  4. Reichert v. STATE EX REL. McCULLOCHMontana Supreme Court · 2012
  5. In the Matter of United Shoe MacHinery Corporation, MovantCourt of Appeals for the First Circuit · 1960

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3Cited by7 opinions

  1. State v. D. StrangMontana Supreme Court · 2017
  2. In re the Guardianship & Conservatorship of A.M.M.Montana Supreme Court · 2016
  3. Draggin' Y Cattle Co. v. AddinkMontana Supreme Court · 2016
  4. Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C.Montana Supreme Court · 2017
  5. Draggin' Y Cattle Co. v. AddinkMontana Supreme Court · 2016

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

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