Montana Supreme Court Decisions 2011
Date: December 30, 2011
Citation: 2011 MT 328
Docket Number: DA 11-0081
Justia Opinion Summary: Plaintiffs, Western Tradition Partnership (WTP), Champion Painting, and Montana Shooting Sports Foundation (MSSF), sued the Montana Attorney General and the Commissioner of Political Practices, seeking a declaration that…
Date: December 30, 2011
Citation: 2012 MT 328
Docket Number: DA 11-0081
Date: December 30, 2011
Citation: 2011 MT 325
Docket Number: DA 11-0151
Justia Opinion Summary: Gary Martin and Lewistown Miller Construction Company entered into a written contract for the construction of a dwelling on Martin's property. When construction was completed, Martin refused to pay additional amounts…
Date: December 30, 2011
Citation: 2011 MT 329
Docket Number: DA 11-0270
Justia Opinion Summary: The district court entered an order for contact between Grandmother and Granddaughter, whose parents were incarcerated. The court's order was entered over Mother's objection. Grandmother subsequently filed a petition for…
Date: December 30, 2011
Citation: 2011 MT 325
Docket Number: OP 10-0493
Justia Opinion Summary: Campbell Farming Corporation had its shares controlled by three shareholders: Stephanie Gately controlled fifty-one percent of the shares, and H. Robert Warren and Joan Crocker controlled the remaining forty-nine…
Date: December 22, 2011
Citation: 2011 MT 323
Docket Numbers: DA 10-0535, DA 10-0536, DA 10-0538
Date: December 22, 2011
Citation: 2011 MT 323
Docket Number: DA 10-0536
Justia Opinion Summary: Bryan LeMay was convicted of numerous offenses ranging from disorderly conduct to assault with a weapon, in three separate causes of action. The Supreme Court consolidated the causes of action into this opinion and…
Date: December 22, 2011
Citation: 2011 MT 323
Docket Numbers: DA 10-0535, DA 10-0536, DA 10-0538
Date: December 21, 2011
Citation: 2011 MT 322
Docket Number: DA 09-0682
Justia Opinion Summary: Blue Cross and Blue Shield of Montana (BCBS) and New West Health Services (collectively TPAs) administered a self-funded employee healthcare benefit plan for the State's employees. Jeannette Diaz and Leah…
Date: December 20, 2011
Citation: 2011 MT 321
Docket Number: DA 10-0613
Justia Opinion Summary: Late one night, a Jefferson County reserve deputy came upon a car parked in a posted "day use only" fishing access site in Madison County. The deputy made contact with the car's driver, Floyd Updegraff, and ascertained…
Date: December 20, 2011
Citation: 2011 MT 314
Docket Number: DA 11-0054
Justia Opinion Summary: Jesse Kirk was convicted by a jury of burglary and criminal possession of dangerous drugs. The district court issued a pre-trial order denying Kirk's motion to sever the counts, concluding that the counts in the amended…
Date: December 20, 2011
Citation: 2011 MT 313
Docket Number: DA 11-0231
Justia Opinion Summary: Mother and Father's twin sons were born with physical and mental disabilities and required full-time care and supervision. Upon his divorce from Mother, Father was ordered to pay child support. Father's obligation to…
Date: December 20, 2011
Citation: 2011 MT 315
Docket Number: DA 11-0290
Justia Opinion Summary: The Fronks (Fronks) purchased two pieces of property from the Collinses (Collins), and the parties entered into an oral agreement whereby Collins would acquire horses and Collins would be entitled to keep the first foal…
Date: December 20, 2011
Citation: 2011 MT 316
Docket Number: DA 11-0323
Justia Opinion Summary: Husband and Wife had been married for almost seventeen years when Wife petitioned for the dissolution of the marriage. A temporary order of protection was issued against Husband to protect Wife and the couple's three…
Date: December 20, 2011
Citation: 2011 MT 320N
Docket Number: DA 11-0353
Date: December 20, 2011
Citation: 2011 MT 317N
Docket Number: DA 11-0402
Date: December 13, 2011
Citation: 2011 MT 311N
Docket Numbers: DA 09-0149, DA 11-0178
Date: December 13, 2011
Docket Number: DA 11-0227
Justia Opinion Summary: Mother and Father's parental rights to their children were terminated by the district court. Before the district court's judgment, Mother had moved to transfer to the case to a tribal court as allowed under the Indian…
Date: December 13, 2011
Citation: 2011 MT 312
Docket Number: DA 11-0227
Date: December 13, 2011
Citation: 2011 MT 309
Docket Number: DA 11-0322
Justia Opinion Summary: Husband and Wife's marriage was dissolved in Mississippi. The decree awarded Husband custody of Son and Wife custody of Daughter. Subsequently, Husband and Son moved to Montana, and Wife and Daughter moved to Arizona.…
Date: December 7, 2011
Citation: 2011 MT 308
Docket Number: DA 11-0157
Justia Opinion Summary: Marjorie Ward established a trust that devised $100,000 to her stepdaughter, Joan, and provided that the trust residue be distributed in equal shares to Ward's sons, Jack and James. Ward also instructed that before Jack…
Date: December 6, 2011
Citation: 2011 MT 302
Docket Number: DA 11-0303
Justia Opinion Summary: Defendant crashed into a car driven by a seventeen-year-old. The victim suffered several injuries, including a shattered ankle. Defendant subsequently entered a guilty plea to felony criminal endangerment and was…
Date: December 6, 2011
Citation: 2011 MT 307
Docket Number: DA 11-0399
Justia Opinion Summary: The district court terminated Mother's rights to her two minor children after determining that Mother had willfully surrendered custody of her children for a period of six months and that Mother had abandoned her…
Date: November 30, 2011
Citation: 2011 MT 297
Docket Number: DA 10-0559
Justia Opinion Summary: Husband and Wife's marriage was dissolved by a decree that included a settlement agreement and parenting plan. The agreement provided that the parties would share joint parenting of the children but that Wife would be…
Date: November 29, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0016
Date: November 29, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0157
Date: November 29, 2011
Citation: 2011 MT 300
Docket Number: DA 10-0368
Justia Opinion Summary: In previous workers' compensation cases, the Montana Supreme Court had determined that its decisions apply retroactively to claims that are not "final" or "settled" at the time the decision was issued. Under statute, two…
Date: November 29, 2011
Citation: 2011 MT 295
Docket Number: DA 10-0647
Justia Opinion Summary: Husband and Wife entered into a property settlement agreement (PSA) pursuant to their divorce in which Wife transferred all of her interest in two corporations the parties owned to Husband in exchange for Husband's…
Date: November 29, 2011
Citation: 2011 MT 296
Docket Number: DA 11-0132
Justia Opinion Summary: The State charged Michael Hass with three offenses, one of which was a DUI. The Stated alleged that Hass had three prior DUI convictions, making the DUI a felony. Hass filed a motion challenging the validity of one of…
Date: November 29, 2011
Citation: 2011 MT 299
Docket Number: DA 11-0164
Justia Opinion Summary: Riley Styren's vehicle was struck by Sherry Roos's vehicle. Styren and the owner of her vehicle (collectively, Styren) filed a complaint against Roos, Roos's mother, Julia, and Curtis Stordahl, who together owned the car…
Date: November 29, 2011
Citation: 2011 MT 298
Docket Number: DA 11-0234
Justia Opinion Summary: The Heins rented a house from Julia Benintendi and the Perkerwicz family (hereinafter B&P). B&P alleged the Heins caused considerable damage to the property when they vacated the premises. The Heins countered that B&P…
Date: November 23, 2011
Citation: 2011 MT 293
Docket Number: DA 10-0615
Justia Opinion Summary: The City Police Department conducted an internal investigation of an administrative coordinator, who was placed on administrative leave after she allegedly misused public funds. The Department created a sixteen-page due…
Date: November 22, 2011
Citation: 2011 MT 292
Docket Number: DA 10-0651
Justia Opinion Summary: The Slacks sued the County for damages due to the County's alleged failure to comply with its statutory obligation to notify the Slacks that the home they purchased was once the site of a clandestine methamphetamine…
Date: November 22, 2011
Citation: 2011 MT 290
Docket Number: DA 11-0147
Justia Opinion Summary: Employee worked as a shareholder accountant for Employer. Employee's employment contract contained a covenant not to compete. After Employer ended its employment relationship with Employee, Employee began working at…
Date: November 22, 2011
Citation: 2011 MT 291
Docket Number: DA 11-0296
Justia Opinion Summary: After Decedent died, Decedent's wife moved to admit his will to probate. Decedent's son, Bruce, filed an objection, alleging that Decedent lacked testamentary capacity to enter into the will, and that another of…
Date: November 22, 2011
Citation: 2011 MT 289
Docket Number: OP 11-0548
Justia Opinion Summary: Susan Overfield was charged with assault and disturbing the peace after appearing to speak at a City Commission meeting about perceived conflicts of interest between City officials and the Animal Foundation of Great…
Date: November 15, 2011
Citation: 2011 MT 284
Docket Number: DA 11-0032
Justia Opinion Summary: Husband and Wife's marriage was dissolved by the district court. The order included an allocation of Husband's state employee retirement plan, which Wife appealed. At issue on appeal was whether Wife was entitled to…
Date: November 15, 2011
Citation: 2011 MT 284
Docket Number: DA 11-0032
Date: November 15, 2011
Citation: 2011 MT 284
Docket Number: DA 11-0032
Date: November 15, 2011
Citation: 2011 MT 286
Docket Number: DA 11-0055
Justia Opinion Summary: Charley Johnson entered a nolo contendere plea to intimidation for repeated sexually assaultive behavior against his stepdaughter. During sentencing, the district court (1) sentenced Johnson to a ten-year commitment to…
Date: November 15, 2011
Citation: 2011 MT 285
Docket Number: DA 11-0148
Justia Opinion Summary: After the State petitioned for L.L.A.'s involuntary commitment to the Montana State Hospital (MSH), the district court held a hearing, at the conclusion of which it pronounced L.L.A. would be committed to MSH for a…
Date: November 15, 2011
Citation: 2011 MT 287
Docket Number: DA 11-0361
Justia Opinion Summary: After a police officer arrested Jason Jenkins for driving a motorcycle under the influence of alcohol, Jenkins agreed to a breath test. Jenkins was subsequently convicted of driving under the influence (DUI). On appeal,…
Date: November 9, 2011
Citation: 2011 MT 283
Docket Number: DA 11-0651
Justia Opinion Summary: Bill Thomas was convicted and sentenced for deliberate homicide. Thomas subsequently field a petition for writ of habeas corpus, which the district court denied. Thomas filed a notice of appeal. At issue before the…
Date: November 8, 2011
Citation: 2011 MT 278
Docket Number: DA 10-0291
Justia Opinion Summary: Following a jury trial, Larry Daniels was convicted of deliberate homicide. In defense, Daniels asserted justifiable use of force. Daniels' arguments on appeal pertained to the 2009 legislative changes to the justifiable…
Date: November 8, 2011
Citation: 2011 MT 276
Docket Number: DA 10-0596
Justia Opinion Summary: Rodrick Cameron was charged with driving under the influence (DUI). Cameron filed a motion to suppress, claiming that the deputy sheriff that stopped Cameron's vehicle lacked particularized suspicion to stop him. The…
Date: November 8, 2011
Citation: 2011 MT 277
Docket Number: DA 11-0062
Justia Opinion Summary: Brent Wilson appealed from his conviction for involvement in a fraudulent scheme to illegally take possession of real property. Prior to and throughout the jury trial, Wilson invoked his constitutional right to represent…
Date: November 8, 2011
Citation: 2011 MT 275
Docket Number: DA 11-0189
Justia Opinion Summary: Ross Habets pled guilty to aggravated assault. The district court sentenced Habets to a one-year commitment to the Department of Corrections followed by placement at the state prison for nineteen years. Habets appealed,…
Date: November 8, 2011
Citation: 2011 MT 279
Docket Number: DA 11-0267
Justia Opinion Summary: Donald Puhto and his sister, Janet Barrett, commenced an action against Defendant Smith Funeral Chapels, alleging negligence and misrepresentation in the handling of their deceased uncle's remains. Counsel for Puhto and…
Date: November 3, 2011
Citation: 2011 MT 274
Docket Number: DA 10-0375
Date: November 3, 2011
Citation: 2011 MT 274
Docket Number: DA 10-0375
Justia Opinion Summary: In this consolidated appeal, each Appellant was charged with DUI, and each took a breath test on the Intoxilyzer 8000. Each Appellant sought source code and other information related to the Intoxilyzer 8000 during the…
Date: November 1, 2011
Citation: 2011 MT 269
Docket Number: DA 10-0260
Justia Opinion Summary: Miles Kingman was charged with attempted deliberate homicide for the brutal assault of a man outside a bar. A jury acquitted Kingman of the homicide charge but convicted him of aggravated assault, a lesser-included…
Date: November 1, 2011
Citation: 2011 MT 271
Docket Number: DA 11-0026
Justia Opinion Summary: Employee brought an action under the Wrongful Discharge from Employment Act, alleging that he was wrongfully discharged from employment. Employer moved for summary judgment, contending that it had good cause to terminate…
Date: November 1, 2011
Citation: 2011 MT 272
Docket Number: DA 11-0208
Justia Opinion Summary: Daughter was injured in an automobile accident caused by an uninsured motorist. Father and Daughter were insured by two Farmers Insurance Exchange automobile insurance policies, each providing uninsured motorist…
Date: November 1, 2011
Citation: 2011 MT 270
Docket Number: DA 11-0240
Justia Opinion Summary: After a fire damaged a building the Hinebauchs purchased from the McRaes, the Hinebauchs filed a complaint against the McRaes, alleging breach of contract and unjust enrichment. The district court granted the McRaes'…
Date: November 1, 2011
Citation: 2011 MT 270
Docket Number: DA 11-0240
Justia Opinion Summary: After a fire damaged a building the Hinebauchs purchased from the McRaes, the Hinebauchs filed a complaint against the McRaes, alleging breach of contract and unjust enrichment. The district court granted the McRaes'…
Date: October 27, 2011
Citation: 2011 MT 265
Docket Number: DA 11-0048
Justia Opinion Summary: NorthWestern Energy proposed constructing an electric transmission line from Montana to Idaho and submitted its application for a certificate from the Montana Department of Environmental Quality (DEQ). While preparing a…
Date: October 27, 2011
Citation: 2011 MT 266
Docket Number: DA 11-0248
Justia Opinion Summary: Terry Richerson died after being backed over by a truck owned by United Materials. Richerson's estate requested medical payments under the policy the Cincinnati Insurance Company issued to United Materials for the truck…
Date: October 25, 2011
Citation: 2011 MT 263
Docket Number: DA 10-0436
Justia Opinion Summary: Yellowstone River, LLC (YR) commenced an action against Meriwether Land Fund and Meriwether Land Company (collectively, Meriwether), seeking a determination that it had an easement to access its property over…
Date: October 25, 2011
Citation: 2011 MT 264
Docket Number: DA 10-0592
Justia Opinion Summary: Mayson Simmons pleaded guilty to criminal distribution of dangerous drugs for providing medical marijuana to someone without a user card, distribution for providing oxycodone pills, and theft by insurance fraud. The…
Date: October 25, 2011
Citation: 2011 MT 262
Docket Number: DA 10-0629
Justia Opinion Summary: CLR Properties and Choice Land Corporation (collectively, CLR) hired Waynco Construction (Waynco) as the general contractor for a commercial real estate improvement project. Waynco solicited a bid from AAA Construction…
Date: October 18, 2011
Citations: 2011 MT 259N, 2011 MT 295N
Docket Number: DA 11-0072
Date: October 18, 2011
Citation: 2011 MT 258
Docket Number: DA 11-0112
Justia Opinion Summary: Plaintiff Walter Fasch was injured in a single-vehicle ATV accident that occurred within a construction area on a U.S. highway. Fasch filed a negligence action against the Montana Department of Transportation, the…
Date: October 18, 2011
Citation: 2011 MT 260N
Docket Number: DA 11-0116
Date: October 13, 2011
Citation: 2011 MT 257
Docket Number: OP 11-0203
Justia Opinion Summary: This was an original proceeding brought to the Supreme Court on a certified question from a bankruptcy judge from the District of Montana. The question of law was whether, under Montana's liberal construction of…
Date: October 11, 2011
Citation: 2011 MT 251
Docket Number: DA 10-0437
Justia Opinion Summary: Alicia Hocter was caring for a six-month-old when she swung the child's head into the top bar of her crib and failed to seek medical attention for the child. Hocter pled guilty to charges of aggravated assault and…
Date: October 11, 2011
Citation: 2011 MT 253
Docket Number: DA 10-0574
Justia Opinion Summary: Ed Chamberlin filed for divorce from Trina Chamberlin. The district court entered a decree of dissolution that (1) awarded the couple's house and property to Ed without counting a loan from Ed's father as a liability…
Date: October 11, 2011
Citation: 2011 MT 254
Docket Number: DA 10-0637
Justia Opinion Summary: Leslie Staebler was convicted by a jury in municipal court of misdemeanor driving while intoxicated and violation of the seatbelt law. The district court affirmed, holding that Staebler's fundamental right to a fair…
Date: October 11, 2011
Citation: 2011 MT 255
Docket Number: DA 11-0019
Justia Opinion Summary: Shannon and Travis Johnson married, after which Shannon gave birth. Travis was named on the birth certificate as Child's father. Later DNA tests revealed Justin Walak was actually Child's father. When Shannon and Travis…
Date: October 11, 2011
Citation: 2011 MT 256
Docket Number: DA 11-0025
Justia Opinion Summary: Patrick Chesterfield was convicted in district court of driving or being in actual physical control of a motor vehicle while under the influence of alcohol or drugs (DUI), his fourth offense. Chesterfield appealed,…
Date: October 4, 2011
Citation: 2011 MT 246
Docket Number: DA 10-0542
Justia Opinion Summary: Harley Howard was charged with incest and was sentenced to forty years' incarceration. The Supreme Court affirmed, holding (1) Howard was not denied effective assistance of counsel where he did not meet his burden of…
Date: October 4, 2011
Citation: 2011 MT 247
Docket Number: DA 11-0188
Justia Opinion Summary: Meril Curtis's houseguest took his credit card and made over $7,000 in unauthorized charges. After acknowledging that the charges were unauthorized and that Curtis was not personally liable for the charges, Citibank…
Date: October 4, 2011
Citation: 2011 MT 244
Docket Number: DA 11-0190
Justia Opinion Summary: Gary Myers owned landlocked property across property owned by Stephen and Victora Dee. Myers' property contained several dilapidated buildings that had not been inhabited for several decades. Myers filed an action…
Date: October 4, 2011
Citation: 2011 MT 245
Docket Number: DA 11-0195
Justia Opinion Summary: The district court terminated the parental rights of Mother and Father to their three Children after concluding that (1) Mother and Father had subjected two of the children to chronic and severe neglect under Mont. Code…
Date: September 28, 2011
Citation: 2011 MT 242
Docket Number: DA 10-0608
Justia Opinion Summary: Appellant Angela O'Connell was involved in a theft scheme whereby Appellant's husband would steal property from a local business and sell the stolen goods for cash. Appellant pled guilty to accountability for theft…
Date: September 28, 2011
Citation: 2011 MT 241
Docket Number: DA 11-0333
Justia Opinion Summary: Sellers entered an alleged contract with Buyer for the sale of property. After the parties failed to complete the sale, Buyer sued Sellers, seeking specific performance of the alleged contract. Buyer filed an amended…
Date: September 27, 2011
Citation: 2011 MT 239
Docket Number: DA 10-0569
Justia Opinion Summary: Robert Riggs was convicted by a jury of incest, sexual intercourse without consent, and two counts of sexual assault. Riggs filed an amended petition for postconviction relief, alleging approximately eighty claims of…
Date: September 27, 2011
Citation: 2011 MT 240
Docket Number: DA 11-0061
Justia Opinion Summary: Before their divorce, Scott Weiss borrowed $280,000 from Rayna Weiss for an ownership interest in a brokerage service. Upon dissolution of the marriage, the district court determined the loan from Rayna was…
Date: September 20, 2011
Citation: 2011 MT 232
Docket Number: DA 10-0162
Justia Opinion Summary: Frederick and Mandelena Harmon bought a home pursuant to a buy-sell agreement that realtor Dianne Burright, a licensed real estate salesperson who worked for Fiscus Realty, prepared at the Fiscus Realty office. The home…
Date: September 20, 2011
Citation: 2011 MT 236N
Docket Number: DA 10-0652
Date: September 19, 2011
Citation: 2011 MT 230
Docket Number: DA 11-0082
Justia Opinion Summary: John Miller pled guilty to two counts of deliberate homicide. Miller later filed suit against James Goetz, the attorney that defended him, and arranged for Patrick Begley's limited representation in his claims against…
Date: September 14, 2011
Citation: 2011 MT 228
Docket Number: DA 10-0055
Justia Opinion Summary: Scott Heddings was charged with felony incest in State court. While the incest charge was pending, Heddings was charged in federal court with receipt of child pornography, possession of child pornography, and destruction…
Date: September 14, 2011
Citation: 2011 MT 231
Docket Number: DA 10-0169
Justia Opinion Summary: Rohnn Lampi's neighbor admitted liability for negligently dumping ashes that caused a wildfire that burned the trees and vegetation on Lampi's property. After the parties failed to agree on a settlement amount, Lampi…
Date: September 14, 2011
Citation: 2011 MT 227
Docket Number: DA 10-0402
Justia Opinion Summary: Jule Roundstone was convicted of assault with a weapon and sentenced to a five-year commitment to the department of corrections (DOC). Roundstone's request for a furlough was granted, and he was released for a ten-day…
Date: September 14, 2011
Citation: 2011 MT 229
Docket Number: DA 10-0486
Justia Opinion Summary: Dane Shattuck died from injuries after being hit by an automobile. Dane received medical care at Hospital for his injuries. Dane was enrolled in a children's health insurance program (CHIP), administered by the…
Date: September 13, 2011
Citation: 2011 MT 223
Docket Number: DA 10-0413
Justia Opinion Summary: Heather Weber filed suit under the Federal Employers' Liability Act (FELA) to recover for personal injuries allegedly received during the course and scope of her employment with BNSF Railway Company, alleging BNSF…
Date: September 13, 2011
Citation: 2011 MT 224
Docket Number: DA 10-0594
Justia Opinion Summary: Plaintiff Carter Boehm, Trustee, sued Defendants Cokedale, L.L.C. and Allen Carter for property damages when, during construction of a road to reach Defendants' land, rocks of various sizes rolled downhill onto…
Date: September 13, 2011
Citation: 2011 MT 225N
Docket Number: DA 11-0043
Date: September 7, 2011
Citation: 2011 MT 221
Docket Number: DA 10-0623
Justia Opinion Summary: Pursuant to a plea agreement, Joshua McCaslin pled guilty to one count of failure to register as a sexual or violent offender. In accordance with the agreement, the district court committed McCaslin to the Department of…
Date: September 6, 2011
Citation: 2011 MT 218
Docket Number: DA 11-0034
Justia Opinion Summary: Defendant John Finley's wife pleaded guilty to felony theft, and later, her probation officer conducted a valid search of her home. During a search of a safe in the couple's bedroom, the officer discovered drugs and drug…
Date: September 6, 2011
Citation: 2011 MT 219
Docket Number: DA 11-0089 (con)
Justia Opinion Summary: Mother consented to the adoption of her two biological children, after which the children were placed in the legal care of Guardians. Guardians later arranged for the adoption of the children by Adoptive Parents and…
Date: September 6, 2011
Citation: 2011 MT 220N
Docket Number: DA 11-0068
Date: August 31, 2011
Citation: 2011 MT 217
Docket Number: DA 10-0349
Justia Opinion Summary: Plaintiffs, ranches and their owners, owned an irrigation ditch on which they relied to irrigate hay fields for their cattle operation. The ditch ran through Nataliya Joukova's property. The dispute between the parties…
Date: August 30, 2011
Citation: 2011 MT 210
Docket Number: DA 10-0399
Justia Opinion Summary: After a jury trial, Richard Edwards was found guilty of deliberate homicide. The Supreme Court affirmed the judgment of the district court, holding (1) the district court did not err when it permitted Edwards' wife's…
Date: August 30, 2011
Citation: 2011 MT 214
Docket Number: DA 11-0010
Justia Opinion Summary: Defendant Hector Valdez-Mendoza pleaded guilty to one count of sexual assault. After the district court granted Defendant's request for new counsel, Defendant filed a motion to withdraw plea of guilty, asserting in part…
Date: August 30, 2011
Citation: 2011 MT 213
Docket Number: DA 10-0508
Justia Opinion Summary: Following an automobile crash for which United Tool Rental (UTR) and DeLyle Paulsen admitted negligence, UTR and Paulsen sought contribution from the state DOT and several construction entities (construction parties),…
Date: August 30, 2011
Citation: 2011 MT 208
Docket Number: DA 10-0351
Justia Opinion Summary: Stephen and Dawn Steadele contracted with Montana Component Housing Corporation (MCHC) to construct a home. MCHC did not complete the home by the deadline and eventually abandoned the project without completing the home.…
Date: August 30, 2011
Citation: 2011 MT 209
Docket Number: DA 10-0537
Justia Opinion Summary: Appellees Dana Headapohl and Lawrence Martin placed two buildings in the floodplain without a permit and installed an un-permitted incinerating toilet. The health department issued a notice of violation (NOV) to…
Date: August 30, 2011
Citation: 2011 MT 215
Docket Number: DA 10-0601
Justia Opinion Summary: Timothy Hop's automobile was damaged in an accident with a driver insured by Safeco Insurance Company. In addition to the costs of repair, Hop sought "residual diminished value" (RDV) for his vehicle. When Safeco failed…
Date: August 30, 2011
Citation: 2011 MT 216
Docket Number: DA 10-0638
Justia Opinion Summary: After Homeowners' house burned down, Homeowners' insurer denied coverage, stating that payment was not timely delivered, the money order was not signed, and the damaged house was the secondary house and Insurer's…
Date: August 30, 2011
Citation: 2011 MT 211
Docket Number: DA 11-0029
Justia Opinion Summary: Sheryl Crasco secured three payday loans from three different lenders. After the payor banks returned the checks for insufficient funds, the payday lenders assigned the checks to Credit Service, a collection agency.…
Date: August 23, 2011
Citation: 2011 MT 204
Docket Number: DA 10-0582
Justia Opinion Summary: Rosina Spaulding pleaded guilty in district court to misdemeanor DUI per se. Spaudling reserved the right to appeal the district court's denial of her motion to suppress. On appeal, the Supreme Court affirmed, holding…
Date: August 23, 2011
Citation: 2011 MT 203
Docket Number: DA 11-0064
Justia Opinion Summary: John Chaussee was charged with driving under the influence of alcohol. The offense was alleged to be Chaussee's fourth DUI conviction, making it a felony. Chaussee filed a motion to dismiss, arguing that two of his prior…
Date: August 23, 2011
Citation: 2011 MT 202
Docket Number: DA 10-0611
Justia Opinion Summary: Appellant, Summer Night Oil Company, and Appellees, individuals and oil companies, resolved a dispute over the operation of two oil wells through a settlement agreement. Appellant filed a motion to compel performance of…
Date: August 23, 2011
Citation: 2011 MT 205N
Docket Number: DA 11-0138
Date: August 17, 2011
Citation: 2011 MT 198
Docket Number: DA 10-0578
Justia Opinion Summary: In an effort to regulate gravel pits within the county, the Gallatin County Board of Commissioners (Commission) created an interim zoning district and proposed creation of four permanent zoning districts throughout the…
Date: August 17, 2011
Citations: 2011 MT 201N, 2011 MT 210N
Docket Number: DA 11-0073
Date: August 17, 2011
Citation: 2011 MT 197
Docket Number: DA 11-0109
Justia Opinion Summary: Victor Tacke failed to pay real property taxes on his property in Lake County from 2005 to 2008. In 2006, the County conducted a tax sale for the year 2005, at which the County purchased the tax lien. In 2009, the County…
Date: August 17, 2011
Citation: 2011 MT 200
Docket Number: DA 11-0099
Justia Opinion Summary: Norma Jean King worked for the Hays/Lodge Pole School District for more than thirty-five years, holding positions of elementary school teacher, elementary school principal, and high school principal. After serving as the…
Date: August 17, 2011
Citation: 2011 MT 199
Docket Number: DA 10-0406
Justia Opinion Summary: Defendant Lang and Sons owned and operated a cattle ranch. Plaintiff Burlington Resources Oil and Gas Company leased the rights to oil and gas beneath Lang's surface estate. Burlington reinstated use of an abandoned well…
Date: August 16, 2011
Citation: 2011 MT 196
Docket Number: DA 10-0429
Justia Opinion Summary: Defendant Sebastian Olivares-Coster pled guilty to deliberate homicide and attempted deliberate homicide and was sentenced to three life sentences. The district court did not orally impose any parole restrictions but…
Date: August 16, 2011
Citation: 2011 MT 195
Docket Number: DA 10-0210
Justia Opinion Summary: The Larsens, plaintiffs, commenced an action seeking to quiet title to a 26.96-acre parcel of land. The Richardsons, defendants, counterclaimed that they held an easement by prescription over a portion of that land.…
Date: August 12, 2011
Citation: 2011 MT 194
Docket Number: DA 10-0580
Justia Opinion Summary: Joseph Graziano, an owner of property in the Stock Farm subdivision and a member of the Stock Farm Homeowners Association, filed a complaint against the Association and Stock Farm LLC (SFLLC), asserting several claims,…
Date: August 11, 2011
Citation: 2011 MT 192
Docket Number: DA 11-0071
Justia Opinion Summary: Upon divorcing, Holly and Walter Wolf executed a dissolution agreement that was incorporated into a dissolution decree. Pursuant to the agreement, Walter agreed to pay Holly spousal maintenance. Holly later married…
Date: August 9, 2011
Citation: 2011 MT 189
Docket Number: DA 10-0562
Justia Opinion Summary: Appellants filed suit against Appellees under the Uniform Declaratory Judgment Act (UDJA), alleging that they possessed a prescriptive easement over a roadway on Appellees' property. The district court concluded that…
Date: August 9, 2011
Citation: 2011 MT 190N
Docket Number: DA 10-0561
Date: August 5, 2011
Citation: 2011 MT 188
Docket Number: DA 10-0160
Justia Opinion Summary: A jury convicted John Hartsoe of aggravated assault and violation of an order of protection. On appeal, the Supreme Court affirmed in part and remanded in part, holding (1) the district court erred by by permitting…
Date: August 2, 2011
Citation: 2011 MT 184
Docket Number: DA 11-0127
Justia Opinion Summary: Gavin Johnston was charged with driving under the influence of alcohol after the result of a breath test taken by a breath analysis instrument called the Intoxilyzer 8000 showed Johnston had elevated blood alcohol…
Date: August 2, 2011
Citation: 2011 MT 183
Docket Number: DA 10-0323
Justia Opinion Summary: A jury found Robert DaSilva guilty of failure to provide notice of address change as a sex offender, a felony, and resisting arrest, a misdemeanor. On appeal, the Supreme Court affirmed, holding (1) the district court…
Date: August 2, 2011
Citation: 2011 MT 185N
Docket Number: DA 11-0086
Date: August 2, 2011
Citation: 2011 MT 186N
Docket Number: DA 10-0625
Date: August 1, 2011
Citation: 2011 MT 182
Docket Number: OP 11-0212
Justia Opinion Summary: After Peter Carter was killed in a car accident, Plaintiff filed a wrongful death and survival action against the vehicle manufacturer, the auto rental company, and the other driver in the accident. Plaintiff asserted…
Date: July 29, 2011
Citation: 2011 MT 179
Docket Number: DA 10-0519
Justia Opinion Summary: After Madeleine Willson died of metastatic breast cancer and acute aspiration pneumonia, Robert Willson filed a complaint against Benefis Hospitals, Peace Hospice, and Dr. T. Brice Addison for medical malpractice. Robert…
Date: July 29, 2011
Citation: 2011 MT 178
Docket Number: DA 10-0541
Justia Opinion Summary: In 2003, Joshua Micone applied for Medicaid benefits for himself and his family. In his applications, Joshua did not report his wife Jennifer's interest in a family limited partnership. The Department of Public Health…
Date: July 26, 2011
Citation: 2011 MT 176
Docket Number: DA 10-0619
Justia Opinion Summary: The State charged Michael Spreadbury with felony intimidation by way of an information. Spreadbury initially pled not guilty and moved to dismiss the information for failure to establish probable cause to charge him with…
Date: July 21, 2011
Citation: 2011 MT 175
Docket Number: DA 10-0051
Justia Opinion Summary: While pitching in a baseball game, Brandon Patch was struck in the head by a batted ball that was hit using a Hillerich & Bradsby Company (H&B) aluminum bat. Brandon died from his injuries. Brandon's parents sued H&B in…
Date: July 21, 2011
Citation: 2011 MT 174
Docket Number: DA 10-0603 (con)
Justia Opinion Summary: C.R. Weaver ordered a coffee urn from defendant Advanced Restaurant Supply for use by Glacier Kitchens, a corporation in which Weaver owns the majority of the shares. Advanced Restaurant sent a coffee urn it ordered from…
Date: July 19, 2011
Citation: 2011 MT 173N
Docket Number: DA 11-0074
Date: July 19, 2011
Citation: 2011 MT 169
Docket Number: DA 11-0052
Justia Opinion Summary: After James Patrick filed a petition for postconviction relief, the district court judge who presided over Patrick's previous trial and sentencing recused herself and ordered that Patrick's postconviction proceedings be…
Date: July 19, 2011
Citation: 2011 MT 170
Docket Number: DA 10-0342
Justia Opinion Summary: After a Montana DOT (MDT) investigation, employee Richard Kershaw was demoted with a lower rate of pay. After resigning, Kershaw filed a complaint in district court, asserting wrongful discharge without good cause under…
Date: July 19, 2011
Citation: 2011 MT 171
Docket Number: DA 10-0639
Justia Opinion Summary: The Department of Fish, Wildlife, and Parks seized unlawfully killed deer head mounts, deer antlers, and a golden eagle skull and feathers from Lin Torgerson's residence and family business. Torgerson was charged with…
Date: July 14, 2011
Citation: 2011 MT 166
Docket Number: DA 10-0570
Justia Opinion Summary: Donovan Donald (Don) was incapacitated in an accident and received several treatment in Kalispell Regional Medical Center (KRMC). Later, a dispute arose between Don's estate and KRMC over KRMC's acceptance or rejection…
Date: July 14, 2011
Citation: 2011 MT 167
Docket Number: DA 10-0424
Justia Opinion Summary: Brandon Burns was charged with felony DUI or, in the alternative, felony DUI per se. Ultimately, Burns pled guilty to DUI per se, reserving his right to appeal. The district court designated Burns as a persistent felony…
Date: July 12, 2011
Citation: 2011 MT 165
Docket Number: DA 10-0514
Justia Opinion Summary: Appellants Mike Touris and Chuck Sneed filed a petition for judicial review after the County Board of Commissioners denied Appellants' request for a zoning change. Appellants subsequently moved to dismiss the action…
Date: July 11, 2011
Citation: 2011 MT 164
Docket Number: DA 10-0636
Justia Opinion Summary: After child R.M.T. had been in the custody of the Montana Department of Public Health and Human Services for two years, the Department petitioned for termination of Father's and Mother's rights. After finding that…
Date: July 11, 2011
Citation: 2011 MT 162
Docket Number: DA 10-0427
Justia Opinion Summary: Harold Caldwell was injured when he fell at an airport where he worked as manager. The airport's insurer, MACo, paid Caldwell's medical and wage-loss benefits. MACo, however, denied Caldwell rehabilitation benefits based…
Date: June 28, 2011
Citation: 2011 MT 155
Docket Number: DA 10-0533
Justia Opinion Summary: Plaintiff Leonard Brown entered into an employment agreement with the Yellowstone Club that employed Brown for a term of three years and provided that Brown's employment could be terminated at any time without cause.…
Date: June 28, 2011
Citation: 2011 MT 156
Docket Number: DA 10-0518
Justia Opinion Summary: Gregory Ternes purchased a residential property from Keith and Sue Eberhard. The Eberhards were insured by State Farm when the house received water damage. Sue reported the damage, and State Form listed the claim on a…
Date: June 28, 2011
Citation: 2011 MT 153
Docket Number: DA 10-0472
Justia Opinion Summary: Russell and Melissa Levens and Al Ballard, neighboring property owners, entered into an agreement defining the location of the boundaries of their properties. The agreement provided that Ballard would not excavate on his…
Date: June 28, 2011
Citation: 2011 MT 154
Docket Number: DA 10-0348
Justia Opinion Summary: In the fall of 2008 William Hartford, a high school science teacher, was fired after his Montana teaching certificate expired by his inadvertence in failing to renew it. Hartford sought to file a grievance, alleging that…
Date: June 28, 2011
Citation: 2011 MT 157N
Docket Number: DA 10-0558
Justia Opinion Summary: Defendant Wesley Couture was charged with a DUI. During trial, defense counsel attempted to introduce redacted versions of a video from the arresting officer's patrol car even though counsel had not listed the video as…
Date: June 28, 2011
Citation: 2011 MT 152
Docket Number: DA 10-0549
Justia Opinion Summary: After a petition seeking to transfer territory from Dutton/Brady K-12 School District to Conrad High School and Elementary Districts was refused by the county superintendent of schools, the petition was referred to a…
Date: June 23, 2011
Citation: 2011 MT 151
Docket Number: DA 10-0382
Justia Opinion Summary: Montana Trout Unlimited (MTU) appealed from an order of the water court dismissing its objections to water right claims by claimants Beaverhead Water Company, et al. Those claims were contained in the water court's…
Date: June 21, 2011
Citation: 2011 MT 144
Docket Number: DA 10-0337
Justia Opinion Summary: The City of Great Falls, Benefis Health Care, and Electric City Power (ECP) filed a complaint with the Montana Public Service Commission (PSC) challenging the lawfulness of NorthWestern Energy's (NWE) refusal to allow…
Date: June 21, 2011
Citation: 2011 MT 143
Docket Number: DA 10-0457
Justia Opinion Summary: Appellees John and Janet Ethen sought declaratory relief in district court to resolve a boundary dispute with neighbors River Resource Outfitters and Christine Fischer. The district court declared that the common…
Date: June 21, 2011
Citation: 2011 MT 142
Docket Number: DA 10-0616
Justia Opinion Summary: Montana resident Robin Jordan petitioned for a temporary protective order in a Montana county court against Ohio resident Mark Kalin. The court issued the temporary protective order, and Kalin appealed. In the district…
Date: June 21, 2011
Docket Number: DA 10-0394
Justia Opinion Summary: The Montana Department of Revenue (Department) issued final ad valorem assessments of Puget Sound Energy (Puget) for several tax years, after which Puget petitioned the State Tax Appeal Board (STAB) for review of the…
Date: June 21, 2011
Citation: 2011 MT 149N
Docket Number: DA 10-0579
Date: June 14, 2011
Citation: 2011 MT 138
Docket Number: DA 10-0440
Justia Opinion Summary: In 2000, Dick Anderson Construction (DAC) entered into a contract with Monroe Construction to do construction work on Paws Up Ranch, which was owned by Monroe Property. When each phase of the construction was completed,…
Date: June 8, 2011
Citation: 2011 MT 133
Docket Number: DA 10-0494
Justia Opinion Summary: Petitioner appealed an order of the district court declining transfer of jurisdiction over the parties' child custody proceeding in Kentucky where the couple were married in Montana, petitioner resided in Kentucky, and…
Date: June 8, 2011
Citation: 2011 MT 134N
Docket Number: DA 10-0560
Date: June 7, 2011
Citation: 2011 MT 123
Docket Number: DA 09-0475
Justia Opinion Summary: Defendant appealed from the judgment and conviction of deliberate homicide, felony murder. At issue was whether the district court erred by denying defendant's motion to suppress and by denying defendant's motion to…
Date: June 7, 2011
Citation: 2011 MT 127
Docket Number: DA 10-0602
Justia Opinion Summary: Plaintiff appealed from the order of the district court granting defendant's motion to dismiss where the suit arose out of a previous landlord/tenant action filed in district court. At issue was whether section 3-10-302,…
Date: June 7, 2011
Citation: 2011 MT 124
Docket Number: DA 10-0392
Justia Opinion Summary: Appellant appealed from the district court's order declining to hold appellee in contempt and directing her to clear title to his vehicle or face entry of a judgment against her. At issue was whether the district court…
Date: June 7, 2011
Citation: 2011 MT 131
Docket Number: DA 10-0295
Justia Opinion Summary: Defendant appealed from his convictions of felony incest, involving his fourteen-year-old son and six-year-old daughter, and his conviction of felony tampering with evidence. At issue was whether the district court erred…
Date: June 7, 2011
Citation: 2011 MT 130
Docket Number: DA 10-0283
Justia Opinion Summary: Appellant appealed from the sentence imposed by the district court where appellant was charged with aggravated assault of his two-month-old daughter and found guilty after a jury trial. At issue was whether the district…
Date: June 7, 2011
Citation: 2011 MT 126
Docket Number: DA 11-0009
Justia Opinion Summary: Appellant appealed from an order of the district court dismissing its complaint for condemnation and entering judgment in favor of appellee. At issue was whether the district court erred in issuing an order concluding…
Date: June 7, 2011
Citation: 2011 MT 132
Docket Number: DA 10-0524
Justia Opinion Summary: J.A. was charged with burglary by common scheme and theft by common scheme when he was 17-years-old and placed on probation until February 2009 by the Youth Court. In December 2008, the State filed a petition to revoke…
Date: June 7, 2011
Citation: 2011 MT 129
Docket Number: DA 10-0357
Justia Opinion Summary: A jury in the district court concluded that plaintiff did not breach its homeowners insurance policy with defendants and that one defendant had committed fraud when applying for the policy. Defendants appealed a district…
Date: June 7, 2011
Citation: 2011 MT 128
Docket Number: DA 10-0267
Justia Opinion Summary: Plaintiff alleged that the two vehicles that it purchased from defendant, a used Ford and a new 2008 Dodge, had mechanical problems and body damage. The parties disputed responsibilities for repairs. At issue was whether…
Date: June 7, 2011
Citation: 2011 MT 125
Docket Number: DA 10-0311
Justia Opinion Summary: Defendant appealed from the denial of her motion to dismiss the charge of criminal possession of dangerous drugs. At issue was whether the district court erred in denying defendant's motion to dismiss pursuant to…
Date: June 1, 2011
Citation: 2011 MT 121N
Docket Number: DA 10-0483
Date: June 1, 2011
Citation: 2011 MT 116
Docket Number: DA 10-0398
Justia Opinion Summary: Defendant entered a plea agreement in which he agreed to plead guilty to two counts of felony theft and to pay restitution for the loss incurred as a result of his fraudulent acts. At issue was whether the district court…
Date: June 1, 2011
Citation: 2011 MT 118
Docket Number: DA 10-0482
Justia Opinion Summary: Plaintiff filed a complaint alleging contract and negligence claims against defendants. Defendants subsequently appealed from a district court order denying its motion under M.R.Civ.P 55(c) to set aside an entry of…
Date: June 1, 2011
Citation: 2011 MT 115
Docket Number: DA 10-0464
Justia Opinion Summary: Appellant appealed a district court order denying his motion for summary judgment, granting summary judgment in favor of appellees, as personal representative of the Estate of Larry Rasmussen ("Estate"), and awarding the…
Date: June 1, 2011
Citation: 2011 MT 117
Docket Number: DA 10-0170
Justia Opinion Summary: Plaintiff sued defendant and others claiming, among other things, that defendant breached a written and oral contract and created a public and private nuisance when plaintiff tried unsuccessfully for several years to get…
Date: May 25, 2011
Citation: 2011 MT 84 2011 MT 84A
Docket Number: DA 10-0341
Justia Opinion Summary: This case concerns two competing wills made slightly over one month apart near the end of decedent's life. The district court granted appellee's motion for summary judgment in favor of the probate of a will executed by…
Date: May 24, 2011
Citation: 2011 MT 112
Docket Number: DA 10-0435
Justia Opinion Summary: Plaintiffs sued defendants seeking recognition and enforcement of their easement over Prairie Drive in Park County, Montana, near the City of Livingston. The parties raised several issues regarding the district court's…
Date: May 24, 2011
Citation: 2011 MT 110
Docket Number: DA 10-0231
Justia Opinion Summary: Plaintiff, on behalf of a class of similarly situated plaintiffs who received Medicaid assistance and were subject to a Medicaid lien pursuant to 53-2-612, MCA, sued defendant alleging that defendant had collected a…
Date: May 24, 2011
Citation: 2011 MT 111
Docket Number: DA 10-0388
Justia Opinion Summary: Defendant was found guilty of deliberate homicide, DUI, violation of an order of protection, criminal endangerment, driving while the privilege to do so was suspended or revoked, and tampering with physical evidence. At…
Date: May 19, 2011
Citation: 2011 MT 109
Docket Number: DA 10-0099
Justia Opinion Summary: Appellants appealed the order of the district court denying their motion to dismiss for lack of subject matter jurisdiction over the estate of their father, the decedent. At issue was whether the district court erred…
Date: May 17, 2011
Citation: 2011 MT 107
Docket Number: DA 10-0372
Justia Opinion Summary: Petitioner filed a petition for dissolution in district court and the only contested issue between the parties was the valuation and division of the marital home and surrounding acreage, which was purchased for $45,000…
Date: May 17, 2011
Citation: 2011 MT 108
Docket Number: DA 10-0381
Justia Opinion Summary: The State brought a complaint against BNSF Railway Co. ("BNSF") in November 2009 seeking a declaratory judgment requiring BNSF to abide by the terms of a 1984 agreement between them and a declaration that BNSF was in…
Date: May 17, 2011
Citation: 2011 MT 105
Docket Number: DA 10-0319
Justia Opinion Summary: Petitioner appealed from an order of the district court denying his petition for post-conviction relief after he was convicted with two counts of sexual assault for touching the vaginal areas of his co-worker's two…
Date: May 17, 2011
Citation: 2011 MT 104
Docket Number: OP 10-0280
Justia Opinion Summary: Respondent entered a true plea and was adjudged delinquent in the district court in 2005 for knowingly engaging in sexual acts with a person under 12 years of age, which would have been a crime under 18 U.S.C. 2241(c)…
Date: May 12, 2011
Citation: 2011 MT 102
Docket Number: DA 10-0192
Justia Opinion Summary: Petitioner ("husband") and respondent ("wife") divorced in May 1993 and entered into a Marital and Property Settlement Agreement ("settlement agreement") where, pursuant to the settlement agreement, husband and wife's…
Date: May 10, 2011
Citation: 2011 MT 99
Docket Number: DA 10-0346
Justia Opinion Summary: Appellant, a Montana limited partnership which owned an electrical generating plant in Rosebud County, appealed the district court's order denying its motion to vacate the arbitration award ("Final Award") in its dispute…
Date: May 10, 2011
Citation: 2011 MT 98
Docket Number: DA 10-0451
Justia Opinion Summary: Petitioner and respondent had one child together, never married, and split up shortly after respondent became pregnant with the child in 2000. At issue was whether the district court wrongly named petitioner as the…
Date: May 10, 2011
Citation: 2011 MT 100N
Docket Number: DA 10-0517
Date: May 4, 2011
Citation: 2011 MT 93
Docket Number: DA 10-0182
Justia Opinion Summary: The Montana Department of Revenue ("Department") appealed a judgment reversing the State Tax Appeal Board's ("STAB") conclusion that the Department had applied a "commonly accepted" method to assess the value of…
Date: May 4, 2011
Citation: 2011 MT 94
Docket Number: DA 10-0384
Justia Opinion Summary: Defendant appealed her misdemeanor convictions of driving while the privilege to do so was suspended, failing to carry proof of insurance, and driving under the influence. At issue was whether defendant received…
Date: May 3, 2011
Citation: 2011 MT 92
Docket Number: DA 10-0026
Justia Opinion Summary: Defendant appealed a conviction of sexual intercourse without consent. At issue was whether defendant's due process rights were violated by false and misleading DNA evidence. Also at issue was whether defendant…
Date: May 3, 2011
Citation: 2011 MT 97N
Docket Number: OP 11-0206
Date: May 3, 2011
Citation: 2011 MT 91
Docket Number: DA 10-0142
Justia Opinion Summary: The Missoula City Counsel, the City of Missoula, and the Mayor, (collectively "City") and Muth-Hilberry, LLC ("developer") appealed a district court determination that found that the City was arbitrary and capricious in…
Date: May 2, 2011
Citation: 2011 MT 90
Docket Number: DA 10-0329
Justia Opinion Summary: Defendant appealed a conviction of driving under the influence of alcohol ("DUI") where the DUI was charged as a felony because he had three prior DUI convictions. At issue was whether the district court erred in denying…
Date: April 26, 2011
Citation: 2011 MT 88
Docket Number: DA 10-0496
Justia Opinion Summary: Appellants, 30 Civil Engineering Technician IV employees, sought reclassification of their positions as Civil Engineering Specialist III from the State Department of Transportation ("DOT"). The State Human Resources…
Date: April 26, 2011
Citation: 2011 MT 89
Docket Number: DA 10-0416
Justia Opinion Summary: The State of Montana appealed an order of the district court reversing defendant's conviction for partner or family member assault where his wife called 911 while fleeing from the family home afraid that he would harm…
Date: April 20, 2011
Citation: 2011 MT 84
Docket Number: DA 10-0341
Justia Opinion Summary: This case involves two competing wills made slightly over one month apart near the end of the decedent's life. The district court granted the estate's personal representative Roger Harmon's motion for summary judgment in…
Date: April 20, 2011
Citation: 2011 MT 81
Docket Number: DA 10-0184
Justia Opinion Summary: In November, 2009, Plaintiff-Appellee Mick Grant was convicted of felonious aggravated assault. On appeal, Appellant argued that the trial court's limiting voir dire prevented him from obtaining an impartial jury, and…
Date: April 20, 2011
Citation: 2011 MT 83
Docket Number: DA 10-0244
Justia Opinion Summary: Plaintiff-Appellee Anthony Otten appeals his misdemeanor conviction for operating a motor vehicle while declared a habitual traffic offender. Officers observed Appellee on a four-wheeler vehicle on the highway, and…
Date: April 20, 2011
Citation: 2011 MT 82
Docket Number: DA 10-0421
Justia Opinion Summary: The Montana Department of Public Health and Human Services removed I.B. from his parents' care in June, 2008, when he was about five months old. The parents neglected to provide I.B. with necessary medical care. I.B. was…
Date: April 19, 2011
Citation: 2011 MT 79
Docket Number: DA 10-0361
Date: April 12, 2011
Citation: 2011 MT 72N
Docket Number: DA 10-0492
Date: April 12, 2011
Citation: 2011 MT 71N
Docket Number: DA 10-0509
Date: April 5, 2011
Citation: 2011 MT 60
Docket Number: DA 10-0254
Date: April 5, 2011
Citation: 2011 MT 61
Docket Number: DA 10-0445
Date: March 29, 2011
Citation: 2011 MT 56
Docket Number: DA 10-0230
Date: March 22, 2011
Citation: 2011 MT 51
Docket Number: DA 10-0209
Date: March 22, 2011
Citation: 2011 MT 49
Docket Number: DA 10-0403
Date: March 15, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0157
Date: March 15, 2011
Citation: 2011 MT 44
Docket Number: DA 10-0102
Date: March 15, 2011
Citation: 2011 MT 43
Docket Number: DA 10-0307
Date: March 1, 2011
Citation: 2011 MT 33
Docket Number: DA 10-0175
Date: February 16, 2011
Citation: 2011 MT 25N
Docket Number: DA 10-0261
Date: February 16, 2011
Citation: 2011 MT 27N
Docket Number: DA 10-0227
Date: February 10, 2011
Citation: 2011 MT 17
Docket Number: DA 09-0659
Date: February 8, 2011
Citation: 2011 MT 15N
Docket Number: DA 10-0336
Date: January 26, 2011
Citation: 2011 MT 8N
Docket Number: DA 10-0271
Date: January 11, 2011
Citation: 2011 MT 3
Docket Numbers: DA 10-0139 (con), DA 10-0141
Date: January 11, 2011
Citation: 2011 MT 3
Docket Numbers: DA 10-0139 (con), DA 10-0141
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