Legal Opinion

State v. DeMary

Montana Supreme Court

Decided November 7, 2003No. 02-603PublishedCited by 13 opinions

1Opinion of the CourtJustice Warner

¶1 Appellant Matthew DeMary was convicted of two counts of sexual intercourse without consent and six counts of sexual assault in the Seventh Judicial District Court, Richland County. DeMary appeals. We affirm the judgment of the District Court.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court abuse its discretion when it denied DeMary’s motion to call Dr. Sarah Baxter as an expert witness?

¶4 2. Did the District Court abuse its discretion when it denied DeMary’s motion for a continuance?

¶5 3. Was DeMary denied his right to effective assistance of counsel by defense…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Dawson v. StateMontana Supreme Court · 2000
  3. State v. JeffersonMontana Supreme Court · 2003
  4. State v. JeffersonMontana Supreme Court · 2001
  5. State v. HagenMontana Supreme Court · 2002

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. CliffordMontana Supreme Court · 2005
  2. State v. Bobby CookseyMontana Supreme Court · 2012
  3. State v. DuboisMontana Supreme Court · 2006
  4. State v. Ibarra-SalasMontana Supreme Court · 2007
  5. State v. DaSilvaMontana Supreme Court · 2011

8 more not listed; retrieve them via the Exa API.

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