Legal Opinion

State v. Waters

Montana Supreme Court

Decided September 28, 1999No. 98-087PublishedCited by 24 opinions

1Opinion of the CourtJustice Hunt

¶ 1 Christopher M. Waters (Waters) appeals from the Sentencing Order of the Sixteenth Judicial District Court, Rosebud County. We reverse and remand.

Issues Presented

¶2 There are two issues on appeal:

¶3 (1.) Does the new judicial rule that oral pronouncement of sentence is the legally effective judgment apply retroactively to Waters’ appeal?

¶4 (2.) Do the extra conditions imposed in the written Sentencing Order conflict with the oral pronouncement of sentence?

Factual and Procedural Background

¶5 Waters and his common law wife, April King, moved from Texas to Forsyth, Montana, in 1997. The State…

2Cases cited25 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. United States v. JohnsonSupreme Court of the United States · 1982
  5. Montana v. EgelhoffSupreme Court of the United States · 1996

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

3Cited by24 opinions

  1. Adams v. StateMontana Supreme Court · 2007
  2. State v. KrollMontana Supreme Court · 2004
  3. Dempsey v. Allstate Insurance Co.Montana Supreme Court · 2004
  4. State v. JohnsonMontana Supreme Court · 2000
  5. State v. GoebelMontana Supreme Court · 2001

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

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