Montana Supreme Court· 6/4/1981

State v. Baldwin

Citations

629 P.2d 222
192 Mont. 521
1981 Mont. LEXIS 741

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

sentencing judge did not err when he relied on pre-sentence report which contained defendant's volunteered version of the underlying facts of his previous acquittal
sentencing judge did not err when he relied on pre-sentence report which contained defendant’s volunteered version of the underlying facts of his previous acquittal
finding “no assurance” in the record that trial court did not impose a harsher sentence “in retaliation for defendant’s insistence on a trial by jury”
adopting ABA Standards for Criminal Justice No. 14-1.8(b) (Am. Bar Ass’n 2d ed. 1980) and remanding case because “[w]e have no assurance that the trial court did not increase the sentence in retaliation for defendant’s insistence on a trial by jury”
“To punish a person for exercising a constitutional right is a basic due process violation.”
“a sentencing court which becomes involved in the plea bargaining process, and which imposes a harsher sentence after trial than was offered in exchange for a guilty plea, must specifically point out factors that justify the increased sentence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Harrison, Morrison, Shea, Sheehy, Weber

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Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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