Legal Opinion

State v. Johnson

Montana Supreme Court

Decided November 20, 2018No. DA 16-0657PublishedCited by 10 opinions

1Opinion of the Court

Chief Justice Mike McGrath delivered the Opinion of the Court.

***322¶ 1 This is an appeal from a Fourth Judicial District Court judgment revoking a deferred sentence for failure to pay restitution. We affirm.

¶ 2 We restate the issues on appeal as follows:

1. Whether substantial evidence supports the District Court's finding that defendant did not make a good faith effort to pay his restitution.

2. Whether revocation of a deferred sentence for failure to pay restitution violates constitutional equal protection and due process if the probationer failed to make a good faith effort to pay.

3.…

2Cases cited23 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. United States v. BajakajianSupreme Court of the United States · 1998
  3. United States v. Willie A. NewmanCourt of Appeals for the Seventh Circuit · 1998
  4. United States v. DuboseCourt of Appeals for the Ninth Circuit · 1998
  5. State v. Items of Real Property Owned and/or Possessed by ChilinskiMontana Supreme Court · 2016

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3Cited by10 opinions

  1. State v. C. JardeeMontana Supreme Court · 2020
  2. State v. N. ColeMontana Supreme Court · 2026
  3. State v. L. CharlesMontana Supreme Court · 2025
  4. State v. N. PuccinelliMontana Supreme Court · 2024
  5. State v. R. ArthunMontana Supreme Court · 2023

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