Legal Opinion
Davis v. State
Montana Supreme Court
Decided June 24, 2008No. DA 06-0389PublishedCited by 48 opinions
1Opinion of the CourtJustice Morris
¶1 George H. Davis (Davis) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, denying his motion to toll on equitable grounds the one-year time bar on post-conviction relief. We reverse and remand with instructions.
¶2 We review the following issue on appeal:
¶3 Did the District Court correctly deny Davis’s motion to toll on equitable grounds the one-year time bar in § 46-21-102, MCA, so that Davis could file a petition for post-conviction relief?
FACTUAL AND PROCEDURAL HISTORY
¶4 Davis fled Ennis in a 1991 Ford Taurus after shooting seven people in the early…
2Cases cited24 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Kontrick v. RyanSupreme Court of the United States · 2004
- Day v. McDonoughSupreme Court of the United States · 2006
- Eberhart v. United StatesSupreme Court of the United States · 2005
- Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
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3Cited by48 opinions
- Lorang v. Fortis InsuranceMontana Supreme Court · 2008
- State v. WestMontana Supreme Court · 2008
- Carlton v. StateSupreme Court of Minnesota · 2012
- BNSF Railway Co. v. CringleMontana Supreme Court · 2010
- Weidow v. Uninsured Employers' FundMontana Supreme Court · 2010
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