Montgomery v. State, 350 P.3d 77

In 2006 Montgomery was charged with multiple felony sexual offenses involving child victims; he pleaded guilty to two counts in a plea agreement and received consecutive long prison terms in 2007.
Montgomery later sought to withdraw his plea (denied and affirmed on appeal) and pursued other postconviction motions in state court without success.
In October 2014 Montgomery (pro se) moved to vacate his conviction and dismiss charges, claiming the District Court lacked subject-matter jurisdiction because the State did not indict him via a grand jury.
The District Court denied the motion; Montgomery appealed, arguing a Fifth Amendment grand jury right (or common-law right) applies to the states and is jurisdictional.
The State argued Montana’s constitution and statutes vest district courts with original jurisdiction over felonies and provide non-grand-jury procedures to commence felony prosecutions.
The Supreme Court of Montana affirmed, holding Montana’s statutory procedures satisfied probable-cause requirements and a grand jury indictment is not required or a jurisdictional prerequisite.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a grand jury indictment is required to confer subject-matter jurisdiction in a Montana felony prosecution	Montgomery: Fifth Amendment (or common law) requires a grand jury presentment; without it the court lacks jurisdiction	State: Montana Constitution and statutes vest district courts with original felony jurisdiction and authorize other charging methods	Court: No. Fifth Amendment grand jury presentment does not apply to the states; Montana law provides adequate procedures and the court had jurisdiction

U.S. v. Allen, 406 F.3d 940 (8th Cir. 2005) (Fifth Amendment grand jury requirement not applied to states)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (noting the Fourteenth Amendment has not incorporated the Fifth Amendment grand jury presentment requirement)
Pena v. State, 323 Mont. 347, 100 P.3d 154 (2004) (district court original jurisdiction in felony cases under state constitution)
State v. Haller, 371 Mont. 86, 306 P.3d 338 (2013) (probable-cause determination may be obtained through multiple statutory procedures; defendant not entitled to a specific procedure)
State ex rel. Woodahl v. District Court, 166 Mont. 31, 530 P.2d 780 (1975) (Montana moved away from grand-jury-centric charging; statutes provide alternative, more expeditious procedures)