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State v. Benn

Citations

  • 2012 MT 33
  • 364 Mont. 153
  • 274 P.3d 47
  • 2012 WL 458609
  • 2012 Mont. LEXIS 33

How courts have described this case

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

  • abandoning abatement, but only allowing for appeal of issues not rendered moot by defendant's death, like challenge to restitution order
  • discontinuing application of abatement ab initio, noting the negative impact on crime victims
  • discontinuing application of abatement ab initio , noting the negative impact on crime victims
  • “[A] restitution condition imposed within a criminal judgment may be enforceable by victims against the defendant’s estate.”
  • “[A] restitution condition imposed within a criminal judgment may be enforceable by victims against the defendant’s estate.”
  • “A challenge on appeal to the amount of restitution ordered by the sentence, for example, may remain a viable and concrete issue for which this Court would be able to grant effective relief between the parties.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Cotter, Baker, Wheat

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.