Legal Opinion

State v. Frasure

Montana Supreme Court

Decided September 8, 2004No. 03-857PublishedCited by 5 opinions

1Opinion of the CourtJustice Nelson

¶1 Garrit Evan Frasure (Frasure) appeals the judgment of the Eighth Judicial District Court, Cascade County, denying his motion to suppress evidence seized from a search of his vehicle.

¶2 We address the following issue on appeal and affirm: Did sufficient evidence exist to support the search warrant obtained for the search of Frasure’s vehicle?

¶3 We decline to address the following issue Frasure also raises, as he raises it now for the first time on appeal: Is the omnibus hearing a critical stage of a criminal proceeding, thereby requiring Frasure’s presence?

FACTUAL AND PROCEDURAL BACKGROUND

¶4…

2Cases cited3 opinions

  1. State v. WilliamsonMontana Supreme Court · 1998
  2. State v. HillMontana Supreme Court · 2004
  3. Kallowat v. StateMontana Supreme Court · 2004

3Cited by5 opinions

  1. State v. PierceMontana Supreme Court · 2005
  2. State v. GriffinMontana Supreme Court · 2004
  3. State v. BallMontana Supreme Court · 2006
  4. State v. D. BanksMontana Supreme Court · 2016
  5. State v. S. GrandchampMontana Supreme Court · 2020

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