State v. Dewise, 2022 MT 145 (MT Supreme Court 2022) Supreme Court of Montana June 22, 2022, Submitted on Briefs; July 19, 2022, Decided; July 19, 2022, Filed DA 20-0173 2022 MT 145 | 2022 Mont. LEXIS 665 STATE OF MONTANA, Plaintiff and Appellee, v. JOSEPH PAUL DEWISE, Defendant and Appellant. Counsel: For Appellant: Joseph […]
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Montana Code Annotated Title 45 Crimes (Chs. 1 — 10) Chapter 5 Offenses Against the Person (Pts. 1 — 7) Part 2 Assault and Related Offenses (§§ 45-5-201 — 45-5-234) 45-5-202 Aggravated assault. (1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another or
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State v. Warren, 2020 MT 92N (MT Supreme Court 2020) Supreme Court of Montana February 26, 2020, Submitted on Briefs; April 21, 2020, Decided DA 18-0542 2020 MT 92N | 2020 Mont. LEXIS 1160 STATE OF MONTANA, Plaintiff and Appellee, v. JAMES MICHAEL WARREN, Defendant and Appellant. Counsel: For Appellant: John Ferguson, Ferguson Law Office,
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Montana Code Annotated Title 46 Criminal Procedure (Chs. 1 — 31) Chapter 16 Trial (Pts. 1 — 7) Part 1 General Provisions (§§ 46-16-101 — 46-16-131) 46-16-131 Justifiable use of force — burden of proof. In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden
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45-5-104 Negligent homicide. (1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being. (2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b). (3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term
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45-5-102 Deliberate homicide. (1) A person commits the offense of deliberate homicide if: (a) the person purposely or knowingly causes the death of another human being; (b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape,
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Montana Criminal Jury Instructions CHAPTER 1: PRELIMINARY AND GENERAL INSTRUCTIONS 1-104 Preliminary Instruction 4 An Information has been filed charging the Defendant, _______________________, with the offense of _________________________, alleged to have been committed in ________________ County, State of Montana, on or about _________________________, 20__. The Defendant has pled not guilty. The jury’s task in this
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Montana Code Annotated Title 45 Crimes (Chs. 1 — 10) Chapter 2 General Principles of Liability (Pts. 1 — 3) Part 1 Definitions and State of Mind (§§ 45-2-101 — 45-2-104) 45-2-101 General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and
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Montana Code Annotated Title 27 Civil Liability, Remedies, and Limitations (Chs. 1 — 33) Chapter 1 Availability of Remedies — Liability (Pts. 1 — 16) Part 7 Liability (§§ 27-1-701 — 27-1-755) 27-1-722 Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title
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Montana Criminal Jury Instructions CHAPTER 3: JUSTIFIABLE USE OF FORCE 3-110 Issues–Justifiable Use of Force as a Defense The Defendant has offered evidence of justifiable use of force in this case You are to consider the following requirements of the law in determining whether the use of force claimed by Defendant was justified: [1] The
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