Legal Opinion
State v. Garner
Montana Supreme Court
Decided November 8, 2001No. 00-091PublishedCited by 21 opinions
1Opinion of the CourtJustice Regnier
¶1 On November 15, 1999, Russell G. Gamer filed a motion to withdraw his guilty pleas. The District Court denied his motion. Gamer appeals. The following issues are dispositive:
1. Did the District Court violate Garner’s due process rights by failing to hold a hearing to determine Garner’s competence to stand trial?
*4642. Did the District Court abuse its discretion by denying Garner’s motion to withdraw his guilty pleas?
3. Did Garner’s motion to withdraw his guilty pleas constitute a critical stage of the proceedings?
¶2 We affirm.
BACKGROUND
¶3 On June 16, 1995, Russell Garner and Steven Newhouse…
2Cases cited24 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- United States v. Charles Joseph Hogan, A/K/A Hal Winter Michael TrupeiCourt of Appeals for the Eleventh Circuit · 1993
- Donald Gene Boag v. Robert RainesCourt of Appeals for the Ninth Circuit · 1985
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. McCarthyMontana Supreme Court · 2004
- In re of G.T.M.Montana Supreme Court · 2009
- Sanders v. StateMontana Supreme Court · 2004
- State v. GarnerMontana Supreme Court · 2014
- State v. HartshornIdaho Court of Appeals · 2010
16 more not listed; retrieve them via the Exa API.