Legal Opinion

State v. Smith

Montana Supreme Court

Decided May 14, 1996No. 95-181PublishedCited by 20 opinions

1Opinion of the CourtJustice Gray

Michael Daron Smith (Smith) appeals from the judgment and sentence entered by the Eleventh Judicial District Court, Flathead County, on a jury verdict finding him guilty of the offense of felony theft of stolen property. We affirm.

We address the following dispositive issues:

1. Did the District Court abuse its discretion in admitting David Ferree’s testimony regarding his discussions with Smith?

2. Did the District Court abuse its discretion in excluding Ricky Burke’s testimony regarding Smith’s statements to him?

3. Did the District Court err in refusing Smith’s proposed jury instructions on…

2Cases cited15 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. State v. ArlingtonMontana Supreme Court · 1994
  3. United States v. Samuel B. Hewitt and Bobby Gene ChesserCourt of Appeals for the Eleventh Circuit · 1981
  4. State v. StringerMontana Supreme Court · 1995
  5. State v. LongMontana Supreme Court · 1986

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

3Cited by20 opinions

  1. State v. BeaversMontana Supreme Court · 1999
  2. Riggs v. StateMontana Supreme Court · 2011
  3. State v. GreywaterMontana Supreme Court · 1997
  4. State v. GreywaterMontana Supreme Court · 1997
  5. State v. BelgardeMontana Supreme Court · 1998

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

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