Legal Opinion

State v. Anderson

Montana Supreme Court

Decided October 28, 1998No. 98-005PublishedCited by 16 opinions

1Opinion of the CourtChief Justice Turnage

¶1 The State of Montana appeals from an order of the Seventh Judicial District Court, Wibaux County, dismissing a charge against John Henry Anderson of driving while under the influence of alcohol (DUI), third offense. We reverse.

¶2 The issue is whether the District Court erred in dismissing the DUI charge as violative of the Double Jeopardy Clause.

¶3 John Henry Anderson was arrested on August 17, 1996, and charged with third- offense DUI, violating restrictions imposed on his probationary driver’s license, and driving without liability insurance. He was convicted of DUI injustice court and…

2Cases cited9 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Alabama v. SmithSupreme Court of the United States · 1989
  3. Witte v. United StatesSupreme Court of the United States · 1995
  4. State v. SchnittgenMontana Supreme Court · 1996
  5. State v. GouletMontana Supreme Court · 1996

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

3Cited by16 opinions

  1. State v. PritchettMontana Supreme Court · 2000
  2. State v. HocevarMontana Supreme Court · 2000
  3. Krause v. SiskMontana Supreme Court · 2001
  4. In Re Custody of KrauseMontana Supreme Court · 2001
  5. State v. DixonMontana Supreme Court · 2000

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

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