Legal Opinion

State v. Russette

Montana Supreme Court

Decided September 5, 2002No. 01-722PublishedCited by 11 opinions

1Opinion of the CourtJustice Cotter

¶1 Appellant Gilbert Russette was charged by complaint with operation of a vehicle with an alcohol concentration of .10 or more, a misdemeanor, in the Twelfth Judicial District Court, Hill County. Russette sought to introduce expert testimony at trial challenging the validity of a blood alcohol analysis performed by an Intoxilizer 5000. The District Court did not allow Russette’s expert to testify and a jury subsequently convicted Russette of the offense. Russette appeals from the District Court’s judgment, in part, on the grounds that it excluded the pertinent testimony in violation of the…

2Cases cited5 opinions

  1. Hulse v. State, Department of JusticeMontana Supreme Court · 1998
  2. State v. Blain SouthernMontana Supreme Court · 1999
  3. State v. LancioneMontana Supreme Court · 1998
  4. Ingraham v. StateMontana Supreme Court · 1997
  5. O'LEYAR v. CallenderMontana Supreme Court · 1992

3Cited by11 opinions

  1. State v. McCaslinMontana Supreme Court · 2004
  2. State v. CrawfordMontana Supreme Court · 2003
  3. State v. StoutMontana Supreme Court · 2010
  4. Hammer v. StateMontana Supreme Court · 2008
  5. State v. M. DulaneyMontana Supreme Court · 2025

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