Legal Opinion

State v. Nelson

Montana Supreme Court

Decided June 11, 2002No. 01-188PublishedCited by 19 opinions

1Opinion of the CourtJustice Cotter

¶1 On March 9,1999, David Wayne Nelson (Nelson) was charged in the Twenty-First Judicial District Court with five felony offenses. As a result of a plea bargain, Nelson’s accomplice testified for the State at trial. During cross examination of Nelson’s accomplice, the District Court prevented questioning about charges allegedly filed against the accomplice in another county. At the close of trial and over Nelson’s objection, the District Court instructed the jury that it could consider testimony showing fabrication by Nelson as a circumstance tending to prove consciousness of guilt.

¶2 On…

2Cases cited18 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Alford v. United StatesSupreme Court of the United States · 1931
  4. United States v. OwensSupreme Court of the United States · 1988
  5. State v. LaneMontana Supreme Court · 1998

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

3Cited by19 opinions

  1. People v. HowardCalifornia Supreme Court · 2010
  2. State v. RiggsMontana Supreme Court · 2005
  3. Peterson v. St. Paul Fire & Marine InsuranceMontana Supreme Court · 2010
  4. State v. Randy GrahamMontana Supreme Court · 2007
  5. State v. InsuaMontana Supreme Court · 2004

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

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