Legal Opinion

State v. Southwick

Montana Supreme Court

Decided October 9, 2007No. DA 06-0227 and DA 06-0303PublishedCited by 26 opinions

1Opinion of the CourtJustice Warner

¶1 Paul Jay Southwick (Southwick) appeals from the denial of his motion for re-sentencing in the Eighth Judicial District, Cascade County.

¶2 We restate and address the issues on appeal as follows:

¶3 1. Does the doctrine of res judicata bar this Court’s consideration of the merits of Southwick’s claim that the District Court imposed an illegal sentence?

¶4 2. Does Southwick’s failure to object to his sentences at either of his original sentencing hearings, or at the time the District Court revoked his suspended commitments, preclude review of his sentences?

¶5 3. Do the sentences imposed exceed…

2Cases cited24 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Sanders v. United StatesSupreme Court of the United States · 1963
  3. State v. LenihanMontana Supreme Court · 1979
  4. State v. KotwickiMontana Supreme Court · 2007
  5. State v. HicksMontana Supreme Court · 2006

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

3Cited by26 opinions

  1. State v. RoslingMontana Supreme Court · 2008
  2. State v. WestMontana Supreme Court · 2008
  3. Touris v. Flathead CountyMontana Supreme Court · 2011
  4. In re C.D.H.Montana Supreme Court · 2009
  5. Lacey v. StateMontana Supreme Court · 2017

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

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