Legal Opinion
State v. Finley
Montana Supreme Court
Decided April 26, 2011No. DA 10-0416PublishedCited by 17 opinions
1Opinion of the CourtChief Justice McGRATH
¶1 The State of Montana appeals an order of the District Court, First Judicial District, Lewis and Clark County, reversing John Finley’s (Finley) conviction for partner or family member assault, entered in a Justice Court of record. We reverse and remand for further proceedings.
ISSUES
¶2 On appeal, the State raises the issue of whether the evidence presented to establish reasonable apprehension of bodily injury was sufficient to support Finley’s conviction for partner or family member assault.
¶3 Finley raises the issue of whether the State’s appeal is precluded by law.
BACKGROUND
¶4 At 1:41…
2Cases cited17 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- United States v. DiFrancescoSupreme Court of the United States · 1980
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Smith v. MassachusettsSupreme Court of the United States · 2005
- Stanley v. LemireMontana Supreme Court · 2006
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BekemansMontana Supreme Court · 2013
- State v. TorresMontana Supreme Court · 2013
- State v. BirthmarkMontana Supreme Court · 2013
- State v. CaseMontana Supreme Court · 2013
- State v. PingreeMontana Supreme Court · 2015
12 more not listed; retrieve them via the Exa API.