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Legal Opinion

State v. Davis

Montana Supreme Court

Decided May 10, 2016No. DA 14-0525PublishedCited by 11 opinions

1Opinion of the CourtJustice Baker

¶1 Kelly Davis appeals the decision and order of the Sixth Judicial District Court, Park County, denying his motion to dismiss his misdemeanor DUI conviction. We restate the issues on appeal as follows:

1. Whether Davis’s trial before a non-lawyer justice of the peace violated his constitutionally-guaranteed right to due process of law.

2. Whether Davis’s trial before a non-lawyer justice of the peace deprived him of his constitutionally-guaranteed right to effective assistance of counsel.

¶2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 On January 12, 2013, a Park County law enforcement officer…

2Cases cited38 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Faretta v. CaliforniaSupreme Court of the United States · 1975
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Malloy v. HoganSupreme Court of the United States · 1964

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3Cited by11 opinions

  1. State v. T. Cheetham Sr.Montana Supreme Court · 2016
  2. State v. J. HowardMontana Supreme Court · 2021
  3. State v. K. JensenMontana Supreme Court · 2020
  4. City of Great Falls v. PolichMontana Supreme Court · 2021
  5. City of Livingston v. Holloway EtMontana Supreme Court · 2017

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

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