Skip navigation
Criminal Legal News
PYHS - Header
× You've used up your 3 free articles for this month. Subscribe today.

Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction

Loaded on Jan. 18, 2019 by Dale Chappell published in Criminal Legal News February, 2019, page 28
Location: Montana.

by Dale Chappell

Overruling its precedent, the Supreme Court of Montana held that venue is not a jurisdictional element and may be waived by a defendant. However, it also confirmed that the State is still required to prove jurisdiction beyond a reasonable doubt, which is not waivable.

…

 

Full article and associated cases available to subscribers.

As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. News in Brief
  2. Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
  3. Tracking the Prevalence of Police Crime, by David Reutter
  4. Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
  5. Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
  6. $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
  7. Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope, by Steve Horn
  8. Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
  9. ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
  10. Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
  11. Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
  12. Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
  13. Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
  14. Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
  15. Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
  16. ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
  17. Montana Supreme Court: Retrial Following Mistrial Declared Without 
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy, by Mark Wilson
  18. U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
  19. DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
  20. Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
  21. Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
  22. Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
  23. Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
  24. Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
  25. Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction, by Dale Chappell
  26. California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
  27. Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
  28. Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
  29. Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
  30. Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
  31. Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges, by Dale Chappell
  32. West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing, by Matthew Clarke
  33. Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel, by Matthew Clarke
  34. Public Support for Militarized Policing Ebbs, Fails to Improve Safety, by Edward Lyon
  35. Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations, by Dale Chappell
  36. Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts, by Dale Chappell
  37. Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements, by Chad Marks
  38. Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery, by Christopher Zoukis
  39. Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims, by Dale Chappell
  40. Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment, by Christopher Zoukis
  41. N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, by Edward Lyon
  42. President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform, by Chad Marks
  43. South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction, by Dale Chappell
  44. America’s Cities Are Criminalizing Homelessness, by Matthew Clarke
  45. Habeas Hints: SCOTUS Review 2017-18, by Kent Russell, Tara Hoveland
  46. Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule, by Chad Marks
  47. Capital Punishment in the United States: Explained, by Jessica Brand, Callie Heller

More from Dale Chappell:

 

 

CLN Subscribe Now Ad 450x600
Advertise Here 3rd Ad
Disciplinary Self-Help Litigation Manual - Side