Legal Opinion

Brown v. State

Montana Supreme Court

Decided March 28, 2002No. 01-320PublishedCited by 8 opinions

1Opinion of the CourtJustice Leaphart

¶1 Anthel L. Brown appeals from the March 30,2001, Memorandum and Order of the First Judicial District Court, Lewis and Clark County, dismissing Brown’s claims. We affirm.

¶2 Brown raises the following issues on appeal:

¶3 1. Did the District Court err in granting judgment to Defendants without first conducting a hearing?

¶4 2. Did the District Court err in holding that Brown failed to state a cognizable claim under 42 U.S.C. § 1983?

FACTS AND PROCEDURAL BACKGROUND

¶5 In 1976, Brown was charged, convicted and sentenced on his plea of guilty to five separate felonies. Brown was sentenced to serve…

2Cases cited5 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Neal v. ShimodaCourt of Appeals for the Ninth Circuit · 1997
  4. Haines Pipeline Construction, Inc. v. Montana Power Co.Montana Supreme Court · 1994
  5. Hedges v. WoodhouseMontana Supreme Court · 2000

3Cited by8 opinions

  1. Ereth v. Cascade CountyMontana Supreme Court · 2003
  2. Firelight Meadows, LLC v. 3 RIVERS TELEPHONE COOPERATIVE, INC.Montana Supreme Court · 2008
  3. Brown v. StateMontana Supreme Court · 2002
  4. Brown v. StateMontana Supreme Court · 2002
  5. Ereth v. Cascade CountyMontana Supreme Court · 2003

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