2007 MT 262 - State v. Bieber

How this case has been cited

Cited by 88 later decisions — most recently August 2024 · most notably State v. Cybulski (2009), State v. Morrisey (2009)

88 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

JUSTICE NELSON

¶1concurs.

¶2¶74 I concur in the Court’s Opinion. With respect to our discussion at Issue Two, and Bieber’s argument that a Daubert hearing is required when the evidence offered involves “novel” scientific evidence, I note only that I continue to disagree with our jurisprudence that limits the application of Daubert to that type of evidence. See State v. Clifford, 2005 MT 219, ¶¶ 60-91, 328 Mont. 300, ¶¶ 60-91, 121 P.3d 489, ¶¶ 60-91 (Nelson, J., concurring). On the facts here, however, and even if our Daubert jurisprudence were not so constrained, I conclude that the result would not have been any different.

¶3¶75 I concur.