Legal Opinion

State v. Spady

Montana Supreme Court

Decided July 30, 2015No. DA 14-0089PublishedCited by 11 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 The State of Montana appeals from the order of the Nineteenth Judicial District, Lincoln County, remanding the case to Justice Court with instructions to allow Robert Spady to withdraw his plea and grant his motion to dismiss the contempt charges. On February 19,2015, we issued an order assuming supervisory control over this proceeding. We affirm in part, reverse in part, and address the following issue:

¶2 Whether the District Court erred when it granted Spad/s motion to dismiss and concluded that the 24/7 Sobriety Program is unconstitutional.

BACKGROUND

¶3 Responding to the alarming levels…

2Cases cited29 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. Smith v. DoeSupreme Court of the United States · 2003

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3Cited by11 opinions

  1. Sweeney v. Mont. Third Judicial Dist. CourtMontana Supreme Court · 2018
  2. Gateway v. Philadelphia IndemnityMontana Supreme Court · 2020
  3. Rogers v. Lewis & Clark Co.Montana Supreme Court · 2020
  4. State v. N. AkhmedliMontana Supreme Court · 2023
  5. State v. N. LanchantinMontana Supreme Court · 2024

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