Legal Opinion
State v. Ross
Montana Supreme Court
Decided January 24, 1995No. 94-192PublishedCited by 38 opinions
1Opinion of the CourtChief Justice Turnage
Michael Harold Ross (Ross) appeals his conviction of intimidation, in violation of § 45-5-203, MCA, in the Fourth Judicial District Court, Missoula County. We affirm.
The issues are:
1. Is § 45-5-203, MCA, unconstitutionally overbroad on its face?
2. Is § 45-5-203, MCA, unconstitutional as applied to Ross?
3. Did the District Court err in instructing the jury concerning the term “threat” as used in § 45-5-203, MCA?
4. Is there sufficient evidence to support the jury verdict?
5. Did the District Court err in denying Ross’s proposed jury instruction on stalking as a lesser included offense?
6. Did the…
2Cases cited15 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- New York v. FerberSupreme Court of the United States · 1982
- Boyle v. LandrySupreme Court of the United States · 1971
- United States v. Russell KelnerCourt of Appeals for the Second Circuit · 1976
- United States v. Alfonso Velasquez, Ramon Dominguez, Esmerido Galvan Olamendi, Ramon Gomez, and Armando GomezCourt of Appeals for the Seventh Circuit · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. WeaverMontana Supreme Court · 1998
- State v. MartelMontana Supreme Court · 1995
- State v. BeaversMontana Supreme Court · 1999
- State v. NyeMontana Supreme Court · 1997
- State v. HallMontana Supreme Court · 1999
33 more not listed; retrieve them via the Exa API.