Legal Opinion

State v. Gallagher

Montana Supreme Court

Decided March 31, 1998No. 96-378PublishedCited by 48 opinions

1Opinion of the CourtJustice Regnier

¶ 1 Arvin Peter Gallagher appeals from the judgment and sentence entered on his conviction for felony assault by the Eighth Judicial District Court, Cascade County. We reverse and remand.

¶2 The sole dispositive issue on appeal is whether the District Court denied Gallagher his right to effective assistance of counsel by denying certain pretrial requests for appointment of substitute counsel.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 By way of an information filed October 14, 1993, the State charged Gallagher with one count of felony assault, in violation of § 45-5-202(2)(c), MCA. Gallagher appeared…

2Cases cited5 opinions

  1. State v. CraigMontana Supreme Court · 1995
  2. City of Billings v. SmithMontana Supreme Court · 1997
  3. State v. WeaverMontana Supreme Court · 1996
  4. State v. MorrisonMontana Supreme Court · 1993
  5. State v. ZackuseMontana Supreme Court · 1991

3Cited by48 opinions

  1. State v. GallagherMontana Supreme Court · 2001
  2. State v. Paul RaczMontana Supreme Court · 2007
  3. State v. RoseMontana Supreme Court · 2009
  4. State v. DethmanMontana Supreme Court · 2010
  5. State v. GazdaMontana Supreme Court · 2003

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API