Legal Opinion
State v. Martel
Montana Supreme Court
Decided August 24, 1995No. 94-295PublishedCited by 63 opinions
1Opinion of the CourtJustice Hunt
Appellant Shawn Martel was found guilty of misdemeanor stalking in Hamilton by a City Court jury. He appealed that conviction to the Twenty-First Judicial District Court, Ravalli County, where he was again found guilty following a bench trial. He appeals that conviction, claiming that Montana’s anti-stalking law, as set forth at § 45-5-220, MCA, is unconstitutionally vague and unconstitutionally over-broad. We affirm.
The following issues are raised on appeal:
1. Is § 45-5-220, MCA, unconstitutionally vague?
2. Is § 45-5-220, MCA, unconstitutionally over-broad?
3. Did the District Court ábuse its…
2Cases cited20 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Screws v. United StatesSupreme Court of the United States · 1945
- Colautti v. FranklinSupreme Court of the United States · 1979
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3Cited by63 opinions
- People v. StuartNew York Court of Appeals · 2003
- Commission for Lawyer Discipline v. BentonTexas Supreme Court · 1998
- Montanans for the Responsible Use of the School Trust v. State Ex Rel. Board of Land CommissionersMontana Supreme Court · 1999
- State v. WhitesellSupreme Court of Kansas · 2000
- State v. NyeMontana Supreme Court · 1997
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