Legal Opinion

State v. Tollefson

Montana Supreme Court

Decided September 21, 1989No. 89-417PublishedCited by 3 opinions

1Opinion of the Court

ORDER AND OPINION

This matter is before the Court on the application of the State of Montana for a writ of supervisory control. The State seeks review of an order of the Justice Court, Missoula County. That court, in rul*306ing upon defendant’s motion in limine, found unconstitutional § 61-8-401 (4) (c), MCA, on the presumptive effect of blood alcohol content in a DUI case. Lester C. Tollefson has filed a response to the State’s application for supervisory control.

Supervisory control is sometimes justified where there is no remedy by appeal or other remedial procedure to provide relief and where…

2Cases cited7 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Commonwealth v. DiFrancescoSupreme Court of Pennsylvania · 1974
  3. Department of State Lands v. PettiboneMontana Supreme Court · 1985
  4. State v. DaceySupreme Court of Vermont · 1980
  5. Barnes v. PeopleSupreme Court of Colorado · 1987

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

3Cited by3 opinions

  1. Marriage of Koplin v. KoplinMontana Supreme Court · 1993
  2. In Re Custody of RrkMontana Supreme Court · 1993
  3. Lilburn v. RacicotDistrict Court, D. Montana · 1991

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