Legal Opinion

State v. Speith

Montana Supreme Court

Decided September 4, 1990No. 90-190PublishedCited by 10 opinions

1Opinion of the CourtJustice Barz

Defendant Donald Leon Speith appeals the Eighteenth Judicial District Court’s order dismissing his appeal from Bozeman City Court as untimely. We affirm.

The following issues are presented for review:

1. Is the defendant, convicted in city court of driving under the influence of alcohol, entitled to de novo review in the District Court where he failed to secure transmittal of the record?

2. Is the defendant entitled to dismissal of the charges against him for failure of the City of Bozeman to seek dismissal of his appeal at an earlier date?

Speith was arrested in Bozeman on July 5,1988 for…

2Cases cited13 opinions

  1. White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
  2. Thomas J. Piper, Jr. v. W.J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
  3. United States v. MerrittDistrict Court, District of Columbia · 1979
  4. James Michael Shelton v. Dr. P. J. Ciccone, Director, United States Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1978
  5. Albori v. United StatesCourt of Appeals for the Ninth Circuit · 1933

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

3Cited by10 opinions

  1. State v. BarkerMontana Supreme Court · 1993
  2. State v. ToddMontana Supreme Court · 1993
  3. State v. SolMontana Supreme Court · 1997
  4. City of Helena v. WHITTINGHILLMontana Supreme Court · 2009
  5. State v. WardMontana Supreme Court · 1994

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

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