Legal Opinion
State v. Allen
Montana Supreme Court
Decided April 14, 2009No. DA 08-0317PublishedCited by 8 opinions
1Opinion of the CourtChief Justice Mcgrath
¶1 Anthony James Allen (Allen) appeals the denial of his motion to dismiss a charge of driving under the influence of alcohol (DUI), fourth or subsequent offense, a felony, by the First Judicial District Court, Lewis and Clark County. We affirm.
¶2 Allen seeks dismissal of his felony DUI charge by challenging a prior DUI conviction, essentially raising two related issues, which we restate as follows:
¶3 Whether Allen actually waived his right to counsel.
¶4 Whether Allen was capable of knowingly, voluntarily and intelligently waiving his right to counsel as a minor.
BACKGROUND
¶5 Allen was charged…
2Cases cited13 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Scott v. IllinoisSupreme Court of the United States · 1979
- State v. OklandMontana Supreme Court · 1997
- State v. BlakneyMontana Supreme Court · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. MaineMontana Supreme Court · 2011
- State v. BurnsMontana Supreme Court · 2011
- State v. WilsonMontana Supreme Court · 2011
- State v. OttoMontana Supreme Court · 2012
- State v. DuncanMontana Supreme Court · 2012
3 more not listed; retrieve them via the Exa API.