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← 2004 MT 178 - State v. Evert

State v. Evert’s Empirical Analysis

2004

Citation profile

18
cited by 18 later decisions
1
states following
December 2014
most recently cited

18 state decisions

Relationships

Relies on Sage v. Gamble · Vannatta v. Boulds · Gilbert v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The laws of the State of Montana are written to ensure that justice is served and the well-being of society and individuals is safe-guarded. Contrary to the County Attorney's pronouncement to the District Court that "we don't hold firm to the technicalities of the statute or the Supreme Court rulings," adherence to the legislative enactments and the decisions of this Court is not a matter of convenience or prosecutorial preference [or, for that matter, the preference of the defendant or the trial court]. No court or officer of the court has the prerogative of circumventing or modifying the procedures established by law.”
    3 later decisions quote this exact passage · from the majority
  2. ““[B]y statute and by numerous rulings by the Supreme Court, ... a district court judgment, once it has been passed, is basically set in stone. However, it’s always been my practice-and also been the practice of this Court-that if a Defendant who has previously been sentenced appears before either myself or you and shows good cause as to why his sentence should be amended, generally mitigated, we don’t object to that. We don’t hold firm to the technicalities of the statute or the Supreme Court rulings. ””
    2 later decisions quote this exact passage · from the majority
  3. “cannot be conferred by consent of the parties or the court.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.