Legal Opinion

State v. Johnson

Montana Supreme Court

Decided June 1, 2011No. DA 10-0398PublishedCited by 17 opinions

1Opinion of the CourtJustice Baker

¶1 David C. Johnson (Johnson) appeals the District Court’s restitution order based on the State’s failure to submit sworn victim affidavits as required by §46-18-242(1)(b), MCA.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 Johnson was licensed by the Montana Insurance Department as a life and disability insurance producer. The State Auditor’s Insurance Department investigated Johnson following claims that he was transferring his clients’ annuities without fully disclosing the penalties and financial consequences of the transfers. Johnson admitted to taking loans from his clients that he did not return,…

2Cases cited7 opinions

  1. Fed. Sec. L. Rep. P 97,872 Lila A. Miley v. Oppenheimer & Company, Inc., Anthony L. Geller and John W. HamiltonCourt of Appeals for the Fifth Circuit · 1981
  2. State v. PritchettMontana Supreme Court · 2000
  3. Virginia H. Nesbit and the W. Wallace Nesbit Trust, Cross-Appellants v. Steve McNeil and Black & Company, Inc., Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1990
  4. State v. HilgersMontana Supreme Court · 1999
  5. State v. McMasterMontana Supreme Court · 2008

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

3Cited by17 opinions

  1. State v. AragonMontana Supreme Court · 2014
  2. State v. JohnsonMontana Supreme Court · 2011
  3. State v. SimpsonMontana Supreme Court · 2014
  4. State v. R. PierreMontana Supreme Court · 2020
  5. State v. JohnsonMontana Supreme Court · 2018

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

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