Montana Supreme Court Decisions 2017
Date: December 29, 2017
Citation: 2017 MT 324
Docket Number: OP 16-0555
Justia Opinion Summary: Petitioner Atlantic Richfield Company (“ARCO”) petitioned the Montana Supreme Court seeking reversal of five district court orders. Relevant here, the underlying action concerned a claim for restoration damages brought…
Date: December 28, 2017
Citation: 2017 MT 316
Docket Number: DA 16-0308
Justia Opinion Summary: This case arose from a 2013 vehicle-pedestrian collision in Missoula, Montana. Kerry Maier sued Erin Wilson for injuries she sustained following the accident. As she approached the intersection of Sixth Avenue and Helen…
Date: December 28, 2017
Citation: 2017 MT 317
Docket Number: DA 16-0488
Justia Opinion Summary: Murry Kim Reynolds was convicted of felony Driving While Under the Influence of Alcohol, fourth or subsequent offense (DUI), and two misdemeanors: Failure To Have Liability Insurance In Effect and Failure To Drive On The…
Date: December 28, 2017
Citation: 2017 MT 318
Docket Number: DA 16-0758
Justia Opinion Summary: Justin Dodge appealed a district court judgment and sentence imposing $14,438.44 in restitution following his guilty plea for driving under the influence of alcohol or drugs (DUI). "The requirement of section 46-18-242,…
Date: December 28, 2017
Citation: 2017 MT 321N
Docket Number: DA 17-0338
Date: December 21, 2017
Citation: 2017 MT 315N
Docket Number: DA 17-0232
Date: December 19, 2017
Citation: 2017 MT 314
Docket Number: DA 15-0476
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to forty years’ incarceration, with ten years suspended, and requiring him to pay approximately $3.5 million in restitution. Defendant…
Date: December 19, 2017
Citation: 2017 MT 312
Docket Number: DA 15-0771
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court wherein Defendant pled guilty to felony driving under the influence of alcohol, fourth or subsequent offense, and three misdemeanors. On appeal, Defendant…
Date: December 19, 2017
Citation: 2017 MT 311
Docket Number: DA 16-0382
Justia Opinion Summary: At issue was whether the Supreme Court should exercise plain error review to reverse Defendant’s conviction for assault because the jury was not instructed on the burden of proof for justifiable use of force. The…
Date: December 19, 2017
Citation: 2017 MT 313
Docket Number: DA 16-0618
Justia Opinion Summary: In this case brought in connection with the sale of Plaintiffs’ home at a foreclosure sale, the Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ asserted negligence, negligent…
Date: December 13, 2017
Citation: 2017 MT 310
Docket Number: OP 16-0328
Justia Opinion Summary: The Supreme Court denied Petitioner’s petition for a writ of habeas corpus, holding that Petitioner’s sentence of 110 years’ imprisonment, without the possibility of parole, for deliberate homicide with the use of a…
Date: December 12, 2017
Citation: 2017 MT 306
Docket Number: DA 15-0593
Justia Opinion Summary: The State filed an amended information charging Defendant of thirteen counts. Thereafter, federal prosecutors obtained an indictment against Defendant for four federal charges. The State then filed a second amended in…
Date: December 12, 2017
Citation: 2017 MT 304
Docket Number: DA 17-0157
Justia Opinion Summary: The Supreme Court affirmed the order of the district court compelling arbitration and its judgment confirming the arbitration award. A few months after beginning work for Home Savings of America (HSOA), Plaintiff…
Date: December 12, 2017
Citation: 2017 MT 305
Docket Number: DA 17-0160
Justia Opinion Summary: The district court correctly concluded that Plaintiff owned certain disputed land bordering her property between the high- and low-water marks of Parker Lake, a small lake located in Flathead County, Montana. After…
Date: December 6, 2017
Citation: 2017 MT 296
Docket Number: DA 16-0611
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendant’s motion to withdraw his plea of guilty to one count of felony sexual assault. After entering his guilty plea, Defendant moved to withdraw…
Date: December 5, 2017
Citation: 2017 MT 299
Docket Number: DA 16-0309
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Florence Larson, mother of Dwight and Doug Larson, properly and without undue influence, gifted her shares in the family farm corporation to…
Date: December 5, 2017
Citation: 2017 MT 303N
Docket Number: DA 17-0155
Date: December 5, 2017
Citation: 2017 MT 303N
Docket Number: DA 17-0155
Date: December 5, 2017
Citation: 2017 MT 303N
Docket Number: DA 17-0155
Date: December 5, 2017
Citation: 2017 MT 297
Docket Number: DA 17-0204
Justia Opinion Summary: The district court did not err in dismissing, for lack of jurisdiction, Tenants’ appeal pursuant to Rule 14 of the Uniform Municipal Court Rules of Appeal to District Court (U. M. C. R. App.) prior to ruling on Tenants’…
Date: November 28, 2017
Citation: 2017 MT 289
Docket Number: DA 16-0627
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court rejecting a reoffered plea agreement between the State and Appellant and leaving Appellant’s conviction undisturbed, despite a federal district court’s…
Date: November 28, 2017
Citation: 2017 MT 290
Docket Number: DA 17-0075
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court concluding, as a matter of law, that Plaintiff’s claims against Dr. Rodney Brandt were barred by the applicable statute of limitations. Dr. Brandt performed…
Date: November 28, 2017
Citation: 2017 MT 291
Docket Number: DA 17-0095
Justia Opinion Summary: The Supreme Court affirmed the district court’s order denying Daniel Orr’s motion to modify maintenance, which was incorporated into the parties’ divorce decree from a marital property settlement agreement. In denying…
Date: November 28, 2017
Citation: 2017 MT 293
Docket Number: DA 17-0186
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting judgment in favor of Bridger del Sol, Inc. (BDS) and awarding BDS attorney fees in this declaratory action filed by BDS against VincentView, LLC. In…
Date: November 28, 2017
Citation: 2017 MT 292
Docket Number: DA 17-0241
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Jennifer Teeter’s motion for summary judgment in this declaratory action filed by Teeter against Mid-Century Insurance Company, Teeter's insurer,…
Date: November 28, 2017
Citation: 2017 MT 292
Docket Number: DA 17-0241
Date: November 21, 2017
Citation: 2017 MT 285
Docket Number: DA 15-0629
Justia Opinion Summary: Defendant pleaded no contest to felony criminal endangerment under Mont. Code Ann. 45-5-207. The district court imposed a ten-year sentence to the Department of Corrections, with five years suspended. Defendant appealed,…
Date: November 21, 2017
Citation: 2017 MT 285
Docket Number: DA 15-0629
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of criminal endangerment. On appeal, Defendant asserted judicial bias and argued that his appointed counsel violated their duty of…
Date: November 21, 2017
Citation: 2017 MT 284
Docket Number: DA 16-0769
Justia Opinion Summary: The Supreme Court reversed the determination of the district court to quiet title in certain property to Zinvest, LLC, holding that the Department of Revenue’s defective property tax assessment voided the tax lien sale…
Date: November 21, 2017
Citation: 2017 MT 286
Docket Number: DA 17-0058
Justia Opinion Summary: The Supreme Court affirmed the denial of Plaintiffs’ motion to substitute Judge Edward P. McLean in this legal malpractice case. Plaintiffs sued Defendants for legal malpractice. After the Supreme Court reversed and…
Date: November 20, 2017
Citation: 2017 MT 283
Docket Number: DA 16-0357
Justia Opinion Summary: The Supreme Court held that the district court did not err in dismissing Defendant’s motion to dismiss the State’s petition to revoke her suspended sentence on the ground that there had been a four-year delay in…
Date: November 17, 2017
Citation: 2017 MT 282
Docket Number: DA 16-0674
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the municipal court’s denial of Defendant’s motion to suppress blood evidence in a driving under the influence of alcohol (DUI) proceeding against him,…
Date: November 14, 2017
Citation: 2017 MT 280
Docket Number: DA 16-0194
Justia Opinion Summary: The Supreme Court vacated the sentence imposed upon Defendant following his plea of no contest to sexual assault, holding that the district court erred in accepting Defendant’s no contest plea, and therefore, the…
Date: November 14, 2017
Citation: 2017 MT 278
Docket Number: DA 16-0629
Justia Opinion Summary: The Supreme Court affirmed the order of the water court that largely adopted the water master’s report dividing the four water rights for irrigation from Nevada Creek between James and Linda Quigley and Richard Beck…
Date: November 14, 2017
Citations: 2017 MT 256, 2017 MT 256A
Docket Number: DA 16-0670
Justia Opinion Summary: An injured first party insured who is compelled to sue for underinsured motorist (UIM) benefits and recovers more at trial than the last insurance company offer, the insurer must pay the first party insured’s attorney…
Date: November 14, 2017
Citation: 2017 MT 279
Docket Number: DA 17-0229
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Burlington Northern and Santa Fe Railway Company’s (BNSF) motion for summary judgment on Kelly Watson’s asbestos-related disease claim, brought under…
Date: November 8, 2017
Citation: 2017 MT 277
Docket Number: DA 16-0516
Justia Opinion Summary: The Supreme Court rejected a challenge to the constitutionality of the Confederated Salish and Kootenai Water Compact, holding that Mont. Const. art. II, section 18 did not require the Montana Legislature to approve the…
Date: November 8, 2017
Citation: 2017 MT 277
Docket Number: DA 16-0516
Date: November 8, 2017
Citation: 2017 MT 276
Docket Number: DA 17-0003
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of the portion of Plaintiffs’ motion motion for partial summary judgment seeking an order compelling Defendants to immediately remove trespassing encroachments on…
Date: November 7, 2017
Citation: 2017 MT 272N
Docket Number: DA 16-0592
Date: November 7, 2017
Citation: 2017 MT 273
Docket Number: DA 16-0672
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s two motions to dismiss the charges against him for sexual abuse of children. Pursuant to a plea agreement, Defendant pleaded guilty to one count of…
Date: November 7, 2017
Citation: 2017 MT 270
Docket Number: DA 17-0009
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granted summary judgment for New West Health Services (New West) in this action brought by Plaintiff and the class she represented alleging breach of…
Date: November 7, 2017
Citation: 2017 MT 268
Docket Number: DA 17-0037
Justia Opinion Summary: The Supreme Court reversed the district court’s dismissal of Appellant’s complaint, holding that Appellant’s original complaint was not improper serial litigation and, therefore, was not barred under Mont. Code Ann.…
Date: November 7, 2017
Citation: 2017 MT 269
Docket Number: DA 17-0062
Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of summary judgment dismissing Plaintiff’s claims for wrongful discharge under the Montana Wrongful Discharge from Employment Act (WDEA). Plaintiff sued Defendant,…
Date: November 7, 2017
Citations: 2017 MT 274N, 2017 MT 275
Docket Number: DA 17-0161
Justia Opinion Summary: The Supreme Court ordered that Appellees’ joint motion to declare John Stokes a vexatious litigant is granted in part and ordered that, before Stokes could file any pleading pro se in a Montana district court or the…
Date: November 7, 2017
Citation: 2017 MT 274N
Docket Number: DA 17-0161
Date: November 1, 2017
Citation: 2017 MT 266
Docket Number: DA 15-0411
Justia Opinion Summary: The Supreme Court affirmed the district court’s determination that Defendant, who pled guilty to deliberate homicide, was competent to stand trial and that, at the time of the offense, Defendant was able to appreciate…
Date: November 1, 2017
Citation: 2017 MT 267
Docket Number: OP 17-0358
Justia Opinion Summary: Constitutional Initiative 116 (CI-116), commonly known as Marsy’s Law, violates the separate-vote requirement contained in Mont. Const. art. XIV, section 11. In this original petition for declaratory judgment and…
Date: October 31, 2017
Citation: 2017 MT 259
Docket Number: DA 16-0403
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for felony driving under the influence (DUI), concluding that the district court did not err in denying Defendant’s motion to dismiss on the grounds that two of his prior…
Date: October 31, 2017
Citation: 2017 MT 263N
Docket Number: DA 17-0076
Date: October 31, 2017
Citation: 2017 MT 260
Docket Number: DA 17-0100
Justia Opinion Summary: The district court did not err in denying a motion for relief from a formal testacy order under Mont. R. Civ. P. 60(b) filed by Appellant, the decedent’s wife. The Supreme Court held (1) the district court did not err in…
Date: October 31, 2017
Citation: 2017 MT 261
Docket Number: OP 17-0084
Justia Opinion Summary: The Supreme Court reversed the municipal court’s order denying Petitioner’s motion to dismiss the charge against him, holding that the municipal court abused its discretion in declaring a mistrial and in concluding that…
Date: October 25, 2017
Citation: 2017 MT 258
Docket Number: DA 16-0716
Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of this putative class action for lack of standing. Taxpayers, owners of real property and payers of property taxes in Glacier County, paid their taxes under…
Date: October 24, 2017
Citation: 2017 MT 257
Docket Number: DA 16-0546
Justia Opinion Summary: The Supreme Court affirmed the district court’s order granting HSBC Bank USA’s two motions for summary judgment and motion to exclude Richard Anderson’s expert in this judicial foreclosure action against Anderson and…
Date: October 24, 2017
Docket Number: DA 16-0670
Justia Opinion Summary: An injured first-party insured who is compelled to sue for underinsured motorist (UIM) benefits and recovers more at trial than the last insurance company offer is entitled to recover his or her attorney fees in an…
Date: October 17, 2017
Citation: 2017 MT 253
Docket Number: DA 16-0276
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother’s parental rights to her two children. The Department of Public Health and Human Services, Child and Family Services Division (DPHHS)…
Date: October 17, 2017
Citation: 2017 MT 254
Docket Number: DA 17-0163
Justia Opinion Summary: The Supreme Court affirmed the district court’s decision affirming the decision by the Unemployment Insurance Appeals Board denying Joyce Crouse’s claim for unemployment benefits. The district court affirmed the Board’s…
Date: October 17, 2017
Citation: 2017 MT 252
Docket Number: DA 17-0181
Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to her minor child. During the termination hearing, the Department of Public Health and Human Services moved for admission…
Date: October 10, 2017
Citation: 2017 MT 247
Docket Number: DA 16-0266
Justia Opinion Summary: The Supreme Court affirmed the district court’s imposition of a seven and one-half year parole restriction on Defendant’s sentence for obstructing justice but remanded for the purpose of striking the condition that…
Date: October 10, 2017
Citation: 2017 MT 248
Docket Number: DA 17-0019
Justia Opinion Summary: The district court erred by concluding that particularized suspicion did not exist for the investigatory stop of Defendant. The Supreme Court reversed the order of the district court reversing the municipal court’s…
Date: October 10, 2017
Citation: 2017 MT 249
Docket Number: DA 17-0041
Justia Opinion Summary: The Supreme Court affirmed the summary dismissal of Mother’s petition to modify the parenting plan for her two sons with Father, holding that the district court did not err by dismissing the petition without conducting a…
Date: October 10, 2017
Citation: 2017 MT 246
Docket Number: DA 17-0162
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to State Farm Mutual Automobile Insurance Company on Kilby Butte Colony, Inc.’s complaint filed after State Farm declined the Colony’s…
Date: October 5, 2017
Citation: 2017 MT 245
Docket Number: DA 17-0214
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment to Defendant, a Montana corporation that offered trail horse rides, on Plaintiff’s claim alleging negligence resulting in…
Date: October 3, 2017
Citation: 2017 MT 244
Docket Number: DA 15-0762
Justia Opinion Summary: Mont. Code Ann. 53-21-119(1), which prohibits a person from waiving the right to counsel in civil commitment proceedings, does not violate the Sixth or the Fourteenth Amendments to the United States Constitution. After…
Date: October 3, 2017
Citation: 2017 MT 241
Docket Number: DA 16-0573
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the Water Court’s order regarding Danreuther Ranches Water Right Claims. Specifically, the court held (1) the Water Court did not err in its orders regarding…
Date: September 26, 2017
Citation: 2017 MT 237
Docket Number: DA 16-0535
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress evidence of a traffic stop based on the law enforcement officer’s lack of particularized suspicion. After an evidentiary hearing,…
Date: September 26, 2017
Citation: 2017 MT 238
Docket Number: DA 16-0745
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting partial summary judgment for Defendant on Plaintiff’s claims alleging negligence and breach of contract. Plaintiff claimed that it incurred more than $1…
Date: September 21, 2017
Citation: 2017 MT 236
Docket Number: DA 15-0703
Justia Opinion Summary: The Supreme Court reversed the order of the district court affirming the justice court’s denial of Defendant’s motion to suppress evidence obtained subsequent to an investigative law enforcement stop. On appeal, the…
Date: September 21, 2017
Citation: 2017 MT 235
Docket Number: DA 16-0659
Date: September 21, 2017
Citation: 2017 MT 235
Docket Number: DA 16-0659
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Continental Resources, Inc.’s motion to dismiss the lawsuit filed by the estate of Zachary Buckles in which the estate alleged that Continental and…
Date: September 19, 2017
Citation: 2017 MT 232N
Docket Number: DA 16-0543
Date: September 19, 2017
Citation: 2017 MT 229
Docket Number: DA 16-0683
Justia Opinion Summary: The Supreme Court affirmed the city court’s denial of Defendant’s motion to dismiss the charges of reckless driving, criminal mischief, DUI-second offense, and negligent endangerment. In his motion, Defendant argued that…
Date: September 19, 2017
Citation: 2017 MT 230
Docket Number: DA 17-0031
Justia Opinion Summary: The Supreme Court reversed the water court’s denial of Scott Ranch LLC’s petition for adjudication of existing water rights appurtenant to Indian allotment lands it acquired that were previously held in trust by the…
Date: September 12, 2017
Citation: 2017 MT 225
Docket Number: DA 16-0356
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction by jury verdict of sexual intercourse without consent, holding that the district court did not err in admitting evidence of a portion of Defendant’s testimony from his…
Date: September 12, 2017
Citation: 2017 MT 223
Docket Number: DA 16-0600
Justia Opinion Summary: In this action dissolving the marriage between Donald and Sandra Broesder, the district court erred by failing to consider the tax consequences of the distribution of the marital estate, resulting in an inequitable…
Date: September 12, 2017
Citation: 2017 MT 226
Docket Number: DA 16-0684
Justia Opinion Summary: The district court correctly denied Defendant’s motion to suppress evidence based on an alleged lack of particularized suspicion to seize his vehicle. A trooper stopped Defendant for expired North Dakota vehicle…
Date: September 12, 2017
Citation: 2017 MT 224
Docket Number: DA 17-0106
Justia Opinion Summary: The district court did not err in concluding that the statute of limitations had run on Miles Kingman’s claim for conversion of property. Kingman was convicted of aggravated assault and sentenced to twenty years’…
Date: September 5, 2017
Citation: 2017 MT 217
Docket Number: DA 15-0290
Justia Opinion Summary: The Supreme Court affirmed the judgment of the jury court convicting Defendant of abuse or exploitation of an older person for whom Defendant was appointed a guardian and a conservator in a separate case. The court held…
Date: September 5, 2017
Citation: 2017 MT 215
Docket Number: DA 15-0604
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of two counts of assault with a weapon and one count of aggravated assault. On appeal, Defendant primarily challenged the effectiveness of his counsel regarding the jury…
Date: September 5, 2017
Citation: 2017 MT 222
Docket Number: DA 16-0429
Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the judgment of the district court granting summary judgment to Plaintiffs that the Montana Department of Environmental Quality (DEQ) violated the Montana…
Date: September 5, 2017
Citation: 2017 MT 216
Docket Number: DA 16-0430
Justia Opinion Summary: The Supreme Court affirmed an order entered in the district court denying Defendant’s petition for touch DNA testing. Defendant was convicted of burglary, designated a persistent felony offender, and sentenced to forty…
Date: September 5, 2017
Citation: 2017 MT 218
Docket Number: DA 17-0069
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ruling that while Herman Fox had existing and historical ditch and water rights across Billings Hotel & Convention Center’s (BHCC) property, as well as an…
Date: August 30, 2017
Citation: 2017 MT 214
Docket Number: DA 16-0156
Justia Opinion Summary: J.S. challenged her involuntary commitment to the Montana State Hospital (MSH). The only issue J.S. raised on appeal waswhether she was denied the effective assistance of counsel. J.S. suffered from bipolar disorder. She…
Date: August 29, 2017
Citation: 2017 MT 212
Docket Number: DA 15-0642
Justia Opinion Summary: The Montana Supreme Court affirmed defendant's sentence after he pleaded guilty to one count of sexual intercourse without consent. The court held that the district court carefully considered Montana's sentencing…
Date: August 28, 2017
Citation: 2017 MT 211
Docket Number: DA 16-0594
Justia Opinion Summary: The City appealed the district court's order and judgment holding that the City incorrectly paid "longevity" wage benefits under successfully negotiated collective bargaining agreements (CBAs) and awarding damages to…
Date: August 23, 2017
Docket Number: DA 16-0695
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entered after a jury concluded that Defendant violated Montana campaign finance and practices laws during his 2010 primary campaign for Senate District 35.…
Date: August 22, 2017
Citation: 2017 MT 206N
Docket Number: DA 15-0332
Date: August 22, 2017
Citation: 2017 MT 203
Docket Number: DA 15-0631
Justia Opinion Summary: The Supreme Court affirmed in part Defendant’s sentence for his conviction of felony possession of dangerous drugs but remanded to the district court with instructions to strike twenty-three recommended conditions for…
Date: August 22, 2017
Citation: 2017 MT 204
Docket Number: DA 16-0394
Justia Opinion Summary: The Supreme Court reversed the district court’s judgments ruling that the Montana Public Employees’ Association (MPEA) breached its duty of fair representation (DFR) to Jeffrey Folsom and engaged in common law fraud,…
Date: August 22, 2017
Citation: 2017 MT 208
Docket Number: DA 17-0032
Justia Opinion Summary: In this breach of contract action, the district court properly granted summary judgment to Plaintiff because Defendant failed to present sufficient admissible evidence to establish a genuine issue of material…
Date: August 15, 2017
Citation: 2017 MT 197
Docket Number: DA 16-0327
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment of the district court that thwarted Plaintiff’s attempt to expel her brother, Defendant, from the family’s limited liability partnership…
Date: August 9, 2017
Citation: 2017 MT 196
Docket Number: DA 16-0158
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for felony deceptive practices, following a jury trial. The court held (1) the district court did not abuse its discretion and correctly applied the law by admitting…
Date: August 8, 2017
Citation: 2017 MT 192
Docket Number: DA 16-0111
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction, rendered after a jury trial, for deliberate homicide and several other offenses. The district court sentenced Defendant to life imprisonment without the possibility of…
Date: August 8, 2017
Citation: 2017 MT 191
Docket Number: DA 16-0207
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s petition for postconviction relief, in which Defendant claimed that his trial counsel provided ineffective assistance in several respects. The Supreme…
Date: August 8, 2017
Citation: 2017 MT 189
Docket Number: DA 16-0340
Justia Opinion Summary: The Supreme Court affirmed the district court’s order vacating Defendant’s initial guilty plea to felony partner or family member assault (PFMA) and the court’s subsequent order accepting Defendant’s guilty plea to…
Date: August 8, 2017
Citation: 2017 MT 190
Docket Number: DA 17-0139
Justia Opinion Summary: Nan Stevenson purchased a fifth wheel trailer at the Billings, Montana location of Big Sky RV, Inc., a Montana corporation with its principal office registered in Bozeman, Gallatin County, Montana. Stevenson provided a…
Date: August 1, 2017
Citation: 2017 MT 185
Docket Number: DA 15-0298
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction, rendered after a jury trial, of felony theft, by common scheme. Defendant’s conviction arose from his act of obtaining benefits by means of deception after he…
Date: August 1, 2017
Citation: 2017 MT 188N
Docket Number: DA 16-0678
Date: August 1, 2017
Citation: 2017 MT 188N
Docket Number: DA 16-0678
Date: August 1, 2017
Citation: 2017 MT 186
Docket Number: DA 17-0016
Justia Opinion Summary: Todd Carlson, who began construction on a detached garage on his property in a subdivision without first obtaining a zoning compliance permit, requested a variance from the Yellowstone County Board of Adjustment. The…
Date: July 25, 2017
Citation: 2017 MT 182
Docket Number: DA 15-0460
Justia Opinion Summary: With the exception of an incorrectly imposed user surcharge, the Supreme Court affirmed Defendant’s conviction for sexual intercourse without consent and burglary. The court held (1) the district court correctly balanced…
Date: July 25, 2017
Citation: 2017 MT 184
Docket Number: DA 15-0746
Justia Opinion Summary: The Clark Fork Coalition and four individuals (collectively, the Coalition) challenged the validity of an administrative rule promulgated by the Department of Natural Resources and Conservation concerning groundwater…
Date: July 25, 2017
Citation: 2017 MT 180
Docket Number: DA 16-0463
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part an order of the district court entering judgment in favor of Plaintiffs on their complaint against Defendants for breach of contract, negligent or…
Date: July 25, 2017
Citation: 2017 MT 181
Docket Number: DA 16-0649
Justia Opinion Summary: The Supreme Court affirmed in part and remanded in part the district court’s denial of Bryan Sandrock’s motion to set aside a default and a subsequent default judgment entered against him. The clerk of the district court…
Date: July 18, 2017
Citation: 2017 MT 177
Docket Number: DA 15-0702
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s conviction motion to set aside his 2008 conviction for partner or family member assault (PFMA) and revocation of his suspended sentence. The…
Date: July 18, 2017
Citation: 2017 MT 176
Docket Number: DA 16-0441
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court in this family dispute regarding once commonly held property that was subdivided and jointly used, then fenced. Plaintiffs,…
Date: July 11, 2017
Citation: 2017 MT 170
Docket Number: DA 16-0699
Justia Opinion Summary: The Supreme Court reversed the partial summary judgment entered by the district court in favor of Defendant in this boundary dispute involving three adjacent properties. Plaintiffs initiated this action for declaratory…
Date: July 11, 2017
Citation: 2017 MT 170
Docket Number: DA 16-0699
Justia Opinion Summary: The properties at issue were owned by Cole until 1954, when Cole sold an acre to Evjene’s grandparents. The Tripp Survey was recorded, but its description “does not close.” The Tripp Survey relied on the Tobacco River…
Date: July 11, 2017
Citation: 2017 MT 173N
Docket Number: DA 16-0765
Date: July 6, 2017
Citation: 2017 MT 169
Docket Number: DA 15-0394
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of sexual assault against R.W., the eight-year-old daughter of Defendant’s former girlfriend. The jury acquitted Defendant of sexual intercourse without consent against…
Date: July 5, 2017
Citation: 2017 MT 164
Docket Number: DA 14-0807
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment entered by the district court convicting Defendant of the deliberate homicide of his infant daughter and sentencing Defendant. The court held (1) the…
Date: July 5, 2017
Citation: 2017 MT 165
Docket Number: DA 15-0773
Justia Opinion Summary: The Supreme Court affirmed the denial of Appellant’s petition for postconviction relief, holding that Appellant’s petition was not timely and that Appellant’s claims of newly discovered evidence were unsubstantiated.…
Date: July 5, 2017
Citation: 2017 MT 166
Docket Number: DA 16-0514
Justia Opinion Summary: Dawn McGee, who was receiving public assistance in the form of SNAP benefits, and Helge Naber were an unmarried couple living together with their five collective children. When the Department of Health and Human Services…
Date: June 30, 2017
Citation: 2017 MT 163
Docket Number: DA 15-0340
Justia Opinion Summary: The Supreme Court reversed the district court’s judgment convicting Defendant of felony aggravated burglary and misdemeanor criminal mischief, holding that the district court abused its discretion when it refused to…
Date: June 29, 2017
Citation: 2017 MT 162
Docket Number: OP 16-0709
Justia Opinion Summary: Under Montana law, a debtor may claim an exemption for a health savings account (HSA) within the constraints imposed by Mont. Code Ann. 25-13-608(1)(d) or (f). Debtor in this case filed a Chapter 11 bankruptcy…
Date: June 27, 2017
Citation: 2017 MT 155
Docket Number: DA 15-0777
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to dismiss the criminal charges against her for failure to provide a speedy trial, holding that Defendant did not demonstrate entitlement to…
Date: June 27, 2017
Citation: 2017 MT 157
Docket Number: DA 16-0363
Justia Opinion Summary: After Plaintiff gave birth to a child with cystic fibrosis (CF) Plaintiff filed suit to recover against the medical professionals who provided her with prenatal care and counseling. Plaintiff alleged that she would have…
Date: June 27, 2017
Citation: 2017 MT 156
Docket Number: DA 16-0554
Justia Opinion Summary: Because Defendant did not comply with the statutes, rules and regulations governing Block Management Area (BMA) hunting, he did not have permission to hunt and harvest game at Skytop Ranch BMA, thus violating Mont. Code…
Date: June 27, 2017
Citation: 2017 MT 161N
Docket Number: DA 16-0723
Date: June 23, 2017
Citation: 2017 MT 154
Docket Number: DA 15-0515
Justia Opinion Summary: The justice court properly denied Defendant’s motion to suppress evidence obtained during the interrogation of Defendant by Montana Fish, Wildlife, and Park (FWP) game wardens at a game check station. Defendant was…
Date: June 20, 2017
Citation: 2017 MT 148
Docket Number: DA 16-0347
Justia Opinion Summary: Defendant entered a guilty plea to aggravated driving under the influence, reserving his right to appeal the denial of his motion to suppress. After an evidentiary hearing on appeal, the district court denied Defendant’s…
Date: June 13, 2017
Citation: 2017 MT 145
Docket Number: DA 16-0320
Justia Opinion Summary: This dispute involved two water rights claims filed by the City of Helena for the waters of Tenmile Creek, which passes through Rimini. Andy Skinner owned junior water rights on Tenmile Creek. Both Skinner and the…
Date: June 13, 2017
Citation: 2017 MT 141
Docket Number: DA 16-0518
Justia Opinion Summary: After Plaintiff’s employment was terminated, he filed suit against Defendant alleging wrongful discharge, negligent infliction of emotional distress, and defamation. The district court granted Defendant’s motion to…
Date: June 13, 2017
Citation: 2017 MT 143
Docket Number: DA 16-0561
Justia Opinion Summary: Jessica Huckins filed a complaint against Barry Van Sickle and his real estate agent alleging several causes of action related to Van Sickle’s failure to disclose previous basement flooding problems in the sale of his…
Date: June 13, 2017
Citation: 2017 MT 140
Docket Number: DA 16-0581
Justia Opinion Summary: While employed by a company now known as Asurion Services, LLC, Christy Harris filed industrial injury claims for two different incidents. Lumbermens Mutual Casualty Company adjusted Harris’s workers’ compensation claims…
Date: June 13, 2017
Citation: 2017 MT 142
Docket Number: DA 16-0636
Justia Opinion Summary: In 2002, Lone Moose Meadows, LLC (LMM) and Boyne USA, Inc. (Boyne) entered into an agreement wherein LMM would construct a ski lift and pay Boyne to operate it. The agreement stated that LMM shall be required to make…
Date: June 13, 2017
Citation: 2017 MT 144
Docket Number: OP 17-0262
Justia Opinion Summary: This contempt proceeding arose from the failure of Petitioner, the birth father’s counsel in a youth in need of care proceeding, to appear at a termination of parental rights hearing before the Honorable Gregory G.…
Date: May 30, 2017
Citation: 2017 MT 127
Docket Number: DA 15-0124
Justia Opinion Summary: Defendant appealed his conviction for deliberate homicide. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in instructing the jury on Defendant’s justifiable use of force defense…
Date: May 30, 2017
Citation: 2017 MT 124
Docket Number: DA 15-0764
Justia Opinion Summary: The district court affirmed Defendant’s conviction of aggravated DUI, agreeing with the justice court that evidence of Defendant’s prior DUI convictions proved an element of the charged crime of aggravated DUI that must…
Date: May 30, 2017
Citation: 2017 MT 128
Docket Number: DA 16-0027
Justia Opinion Summary: The district court did not err in ruling that Defendant’s federal conviction for conspiracy to distribute methamphetamine did not bar a subsequent state prosecution for possession of dangerous drugs on double jeopardy…
Date: May 30, 2017
Citation: 2017 MT 126
Docket Number: DA 16-0404
Justia Opinion Summary: Landowners appealed from an order of the district court granting summary judgment to the City of Lewistown and allowing the City to annex portion of the Landowners’ properties. The Supreme Court affirmed, holding that…
Date: May 30, 2017
Citation: 2017 MT 123
Docket Number: DA 16-0439
Justia Opinion Summary: The Montana Public Service Commission, which requires that certain regulated telecommunications companies publicly disclose the salary information of their executive or managerial employees earning more than $100,000 per…
Date: May 30, 2017
Citation: 2017 MT 125
Docket Number: DA 16-0595
Justia Opinion Summary: Roger and Carrie Peters and Draggin’ Y Cattle Company (collectively, Peters) entered into a stipulated settlement with Junkermier, Clark, Campanella, Stevens, P.C. and Larry Addink (collectively, Junkermier). Judge…
Date: May 30, 2017
Citation: 2017 MT 129
Docket Number: DA 16-0698
Justia Opinion Summary: After the Montana Department of Justice informed employees of the Deer Lodge office of the Department’s Title and Registration Bureau (TRB) that the office would be formally closed, Plaintiffs filed suit, alleging…
Date: May 23, 2017
Citation: 2017 MT 122
Docket Number: DA 16-0474
Justia Opinion Summary: Richland Aviation filed this proceeding to determine whether it was a “scheduled airline” and therefore subject to central tax assessment by the Montana Department of Revenue (DOR). The district court concluded that…
Date: May 16, 2017
Citation: 2017 MT 118
Docket Number: DA 16-0373
Justia Opinion Summary: At issue was whether the district court's finding that particularized suspicion existed to support an investigatory stop was clearly erroneous. The Supreme Court of Montana held that, based on the totality of the…
Date: May 16, 2017
Citation: 2017 MT 117
Docket Number: DA 16-0469
Justia Opinion Summary: The Montana Supreme Court reversed the district court's order of a refund to Mountain Water and assessment of property taxes against the City of Missoula. The court held that section 70-30-315, MCA, selects a different…
Date: May 11, 2017
Citation: 2017 MT 116
Docket Number: DA 16-0545
Justia Opinion Summary: Mother appealed an amended parenting plan issued by the district court, arguing that it was contrary to the best interests of her child and that the court failed to make sufficient findings of fact and conclusions of…
Date: May 9, 2017
Citation: 2017 MT 110
Docket Number: DA 15-0394
Justia Opinion Summary: A jury found Defendant guilty of sexual assault against R.W., the eight-year-old daughter of Defendant’s former girlfriend, and acquitted him of a separate charge against K.W., R.W.’s twin sister. The Supreme Court…
Date: May 9, 2017
Citation: 2017 MT 112
Docket Number: DA 15-0509
Justia Opinion Summary: Defendant appealed his convictions for obstructing a peace officer, partner or family member assault and three counts of criminal endangerment, among other offenses, rendered after the district court rejected a plea…
Date: May 9, 2017
Citation: 2017 MT 107
Docket Number: DA 15-0671
Justia Opinion Summary: In this criminal case, the Supreme Court affirmed the district court’s imposition of criminal defense fees and other costs in the judgment against Defendant. On appeal from his convictions for felony driving under the…
Date: May 9, 2017
Citation: 2017 MT 109
Docket Number: DA 16-0338
Justia Opinion Summary: In this home construction contract dispute, the Supreme Court (1) affirmed the district court’s decision awarding contractual damages to Contractor and dismissing Homeowners’ counterclaims for damages and attorney’s…
Date: May 9, 2017
Citation: 2017 MT 111
Docket Number: DA 16-0549
Justia Opinion Summary: The Supreme Court affirmed its plain meaning construction of Mont. Code Ann. 46-13-401(2) and clarified the correct shorthand calculation method for measuring the six-month speedy trial deadline, as manifest in State v.…
Date: May 9, 2017
Citation: 2017 MT 108
Docket Number: DA 16-0575
Justia Opinion Summary: After a hearing, the district court terminated the parental rights of Mother to her two children, C.B.D. and P.M.P. Mother appealed this order only as it pertained to the P.M.P.’s placement, not the termination of her…
Date: May 8, 2017
Citation: 2017 MT 106
Docket Number: DA 16-0281
Justia Opinion Summary: Appellant appealed the order of the district court recommitting him to the Montana Mental Health Nursing Care Center for a period of up to one year and finding that involuntary administration of necessary medication was…
Date: May 2, 2017
Citation: 2017 MT 101
Docket Number: DA 16-0224
Justia Opinion Summary: The Supreme Court held that the district court did not err by determining that Appellant’s Texas convictions for driving under the influence (DUI) constituted prior convictions for purposes of sentencing on his current…
Date: May 2, 2017
Citation: 2017 MT 104N
Docket Number: DA 16-0502
Date: May 2, 2017
Citation: 2017 MT 100
Docket Number: DA 16-0603
Justia Opinion Summary: The Supreme Court held that “devisees” are “interested persons” under Mont. Code Ann. 72-1-103(12) and (25) and Mont. Code Ann. 72-5-413 without possessing any other right or claim, and therefore, Petitioners had…
Date: May 2, 2017
Citation: 2017 MT 99
Docket Number: OP 17-0049
Justia Opinion Summary: Lance Christopher Pavlik was convicted for criminal offenses and sentenced to a Department of Corrections (DOC) commitment. Sandy VanSkyock, a DOC probation officer, requested that DOC override its usual preliminary…
Date: April 26, 2017
Citation: 2017 MT 95
Docket Number: DA 16-0541
Justia Opinion Summary: In 2009, Appellant was convicted of aggravated kidnapping and sexual intercourse without consent. In 2011, Appellant filed a complaint against certain participants in his 2009 criminal trial, alleging that the victim…
Date: April 25, 2017
Citation: 2017 MT 93
Docket Number: DA 16-0137
Justia Opinion Summary: In 2010, Helen Edwards executed a will and created a trust leaving the majority of her estate to her niece, G.G. Verone. In 2014, Edwards executed a new will and amended her trust by leaving much of her estate to her…
Date: April 18, 2017
Citation: 2017 MT 89
Docket Number: DA 16-0074
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to the possession of dangerous drugs and drug paraphernalia. Defendant preserved his right to appeal the denial of his motion to suppress evidence seized during the…
Date: April 18, 2017
Citation: 2017 MT 88
Docket Number: DA 16-0080
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to criminal endangerment, DUI, failure to carry proof of insurance, and driving without a valid driver’s license. Instead of a three-year deferred sentence…
Date: April 18, 2017
Citation: 2017 MT 92
Docket Number: DA 16-0387
Justia Opinion Summary: The marriage of Darin and Deborah Brockington was dissolved in 2007. In 2008, an order establishing parenting plan was entered providing that the parties’ child would reside primarily with Deborah and that Darin would…
Date: April 18, 2017
Citation: 2017 MT 91N
Docket Number: DA 16-0493
Date: April 11, 2017
Citation: 2017 MT 81
Docket Number: DA 15-0133
Justia Opinion Summary: Defendant was charged with criminal mischief, a felony, and unauthorized use of a motor vehicle, a misdemeanor. Pursuant to a plea agreement, Defendant pled nolo contendere to the offenses charged in the information. The…
Date: April 11, 2017
Citation: 2017 MT 79
Docket Number: DA 15-0229
Justia Opinion Summary: Seventeen-year-old Defendant was charged with two counts of sexual intercourse without consent. Defendant filed two motions to transfer each charge to Youth Court. The district court denied both transfer motions.…
Date: April 11, 2017
Citation: 2017 MT 83
Docket Number: DA 15-0698
Justia Opinion Summary: The Yellowstone County Attorney filed four petitions for commitment against C.B., a twenty-eight-year-old female with a lengthy history of mental illness. The first three petitions were dismissed. After an evidentiary…
Date: April 11, 2017
Citation: 2017 MT 80
Docket Number: DA 16-0076
Justia Opinion Summary: Allen Longsoldier, Jr., an eighteen-year-old Native American, died as a result of alcohol withdrawal while in custody at the Hill County Detention Center after he was arrested by Blaine County authorities. Longsoldier’s…
Date: April 11, 2017
Citation: 2017 MT 82
Docket Number: DA 16-0386
Justia Opinion Summary: Pursuant to a plea agreement, Defendant entered a plea of guilty to the charge of criminal distribution of dangerous drugs with intent to distribute. After a sentencing hearing, the district court imposed a six-year…
Date: April 4, 2017
Citation: 2017 MT 76
Docket Number: DA 15-0584
Justia Opinion Summary: Defendant was convicted of eight counts of sexual intercourse without consent, three counts of felony sexual assault, three counts of sexual abuse of children, and two counts of criminal distribution of dangerous drugs.…
Date: April 4, 2017
Citation: 2017 MT 75
Docket Number: DA 16-0210
Justia Opinion Summary: In 2005, Martha Guthrie, Richard Guthrie, and Richard Guthrie, as custodian for Taylor Guthrie (collectively, Guthrie), took out a loan for the purchase of real property. Capital One eventually took over as successor to…
Date: March 28, 2017
Citation: 2017 MT 69
Docket Number: DA 16-0008
Justia Opinion Summary: The State filed a petition seeking the commitment of C.K. to the Montana State Hospital (MSH) for involuntary mental health treatment pursuant to Mont. Code Ann. 35-21-127. At the commitment hearing, the examining mental…
Date: March 28, 2017
Citation: 2017 MT 70
Docket Number: DA 16-0390
Justia Opinion Summary: After securing two loans with deeds of trust on the same property, Appellants paid off the smaller loan. A title agent filed a deed of reconveyance containing a scrivener’s error that mistakenly released Appellants’…
Date: March 28, 2017
Docket Number: DA 16-0409
Justia Opinion Summary: The Missoula County Attorney’s Office petitioned for a determination that K.P. suffered from a mental disorder requiring involuntary commitment. After a commitment hearing, the district court involuntarily committed K.P.…
Date: March 28, 2017
Citation: 2017 MT 67
Docket Number: DA 16-0414
Justia Opinion Summary: Michael Estes and Beverly Sue Estes were married in 2002. In 2015, Michael filed for dissolution. The next year, the district court issued its findings of fact, conclusions of law, and decree of dissolution. The decree…
Date: March 21, 2017
Citation: 2017 MT 62
Docket Number: DA 16-0297
Justia Opinion Summary: Property Owners in this case collectively owned numerous properties on or near Whitefish Lake in the Houston Lakeshore Area. The City of Whitefish had annexed several tracts and a section of road in the Houston Lakeshore…
Date: March 21, 2017
Citation: 2017 MT 65
Docket Number: DA 16-0358
Justia Opinion Summary: Friedel, LLC served a request on the Office of the Montana State Auditor, Commissioner of Securities and Insurance (Auditor) made pursuant to the “Right to Know” provision of the Montana Constitution. The Auditor…
Date: March 21, 2017
Citation: 2017 MT 64N
Docket Number: DA 16-0491
Date: March 21, 2017
Citation: 2017 MT 63
Docket Number: DA 16-0597
Justia Opinion Summary: Donnie Dorrell Nolan was incarcerated at the Yellowstone County Detention Facility at the time that RiverStone Health Care contracted with Yellowstone County to prove medical services for its inmates. Nolan filed a pro…
Date: March 14, 2017
Citation: 2017 MT 61
Docket Number: DA 14-0750
Justia Opinion Summary: Joseph Forsythe was charged with partner/family member assault (PFMA) for his physical altercation with his wife, Giana. While confined and under a no contact order, Forsythe sent letters to Giana telling her to provide…
Date: March 14, 2017
Citation: 2017 MT 60
Docket Number: DA 14-0799
Justia Opinion Summary: After she was arrested for driving under the influence, Defendant was transported to the hospital for a blood draw. When her handcuffs were removed to facilitate the blood draw, Defendant fled. The State charged…
Date: March 14, 2017
Citation: 2017 MT 58
Docket Number: DA 15-0231
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to DUI per se. Defendant appealed the municipal court’s denial of her motion to suppress blood test results on the ground that, by remaining silent, she did not…
Date: March 14, 2017
Citation: 2017 MT 55
Docket Number: DA 15-0590
Justia Opinion Summary: After responding to a 911 call, a police officer spoke to Bridge Rogers, who told the officer that Rick Strobel, her husband, hit her in the face and tried to force her into a pickup truck. The City of Helena charged…
Date: March 14, 2017
Docket Number: DA 16-0183
Justia Opinion Summary: After a jury trial, Defendant was found guilty of negligent endangerment, leaving the scene of an injury accident, and failing to give notice of an accident. The municipal court included six conditions to Defendant’s…
Date: March 14, 2017
Citation: 2017 MT 57
Docket Number: DA 16-0380
Justia Opinion Summary: In 2009, Atkins-Swanson applied and qualified for participation in the Self-Directed Personal Assistance Service Program, a government-sponsored program that allowed Atkins-Swanson to direct health-related tasks.…
Date: March 7, 2017
Citation: 2017 MT 54
Docket Number: DA 14-0487
Justia Opinion Summary: Defendant was charged with sexual abuse of children and sexual assault. The jury found Defendant guilty of sexual abuse of children but hung on the charge of sexual assault. At a second trial, the jury found Defendant…
Date: March 7, 2017
Citation: 2017 MT 52N
Docket Number: DA 15-0322
Date: March 7, 2017
Citation: 2017 MT 45
Docket Number: DA 15-0738
Justia Opinion Summary: The State charged twelve-year-old K.J.R. with seven felony and misdemeanor offenses. The district youth court subsequently adjudicated K.J.R. to be a delinquent youth. The youth court committed K.J.R. to the supervision…
Date: February 28, 2017
Citation: 2017 MT 36
Docket Number: DA 14-0445
Justia Opinion Summary: Defendant was charged with deliberate homicide in the death of her infant daughter. Defendant moved to suppress the results of a police interrogation, asserting that her admissions that she had shaken her daughter were…
Date: February 28, 2017
Citation: 2017 MT 40
Docket Number: DA 14-0592
Justia Opinion Summary: After a jury trial, Defendant was convicted of deliberate homicide under the felony murder rule. Defendant was sentenced to life without parole. The district court also sentenced Defendant to pay costs of defense,…
Date: February 28, 2017
Citation: 2017 MT 39
Docket Number: DA 15-0389
Justia Opinion Summary: Defendant pleaded guilty to felony possession of dangerous drugs with intent to distribute, felony possession of dangerous drugs, and misdemeanor possession of dangerous drugs. The district court sentenced Defendant to…
Date: February 28, 2017
Citation: 2017 MT 37
Docket Number: DA 15-0683
Justia Opinion Summary: A rockfall damaged the residence of Jane Deschner and Jon Lodge (together, Plaintiffs) near the Billings Rimrocks (Rims). The City of Billings owned the property from which the slab fell, and the State maintained a…
Date: February 28, 2017
Citation: 2017 MT 41N
Docket Number: DA 16-0063
Date: February 28, 2017
Citation: 2017 MT 38
Docket Number: DA 16-0289
Justia Opinion Summary: Thomas Cherewick and Ronald Henry and Landowners all owned property in Remington Ranch, a real estate development comprising several subdivisions. Landowners filed a complaint against Cherewick, Henry, and the…
Date: February 21, 2017
Citation: 2017 MT 32
Docket Number: DA 15-0398
Justia Opinion Summary: On August 3, 2013, Defendant was charged with criminal endangerment, driving under the influence of alcohol or drugs, and other offenses. On March 12, 2015, Defendant filed a motion to dismiss the charges for lack of a…
Date: February 21, 2017
Citation: 2017 MT 29
Docket Number: DA 15-0550
Justia Opinion Summary: On February 13, 2009, Defendant was charged with motor vehicle offenses. On May 21, 2009, the justice court issued a warrant for Defendant’s arrest for failing to appear. On April 13, 2012, Defendant was arrested on the…
Date: February 21, 2017
Citation: 2017 MT 30
Docket Number: DA 16-0098
Justia Opinion Summary: After Robert Fitte burned tree branches on his property, a fire rose from the ashes of the burn and erupted into a wildfire known as the Corral Fire. At the time of the fire, Fitte carried two insurance policies issued…
Date: February 21, 2017
Citation: 2017 MT 31
Docket Number: DA 16-0321
Justia Opinion Summary: After the loan secured by Susan Alexander’s property went into default, Bank of America, N.A. (BANA) initiated foreclosure proceedings. The property was sold to BANA after a trustee’s sale. When Alexander refused BANA’s…
Date: February 14, 2017
Citation: 2017 MT 26
Docket Number: DA 16-0164
Justia Opinion Summary: Charlene Berdahl, a court reporter, filed a sexual harassment complaint against Judge George Huss, a district judge, with the Montana Human Rights Bureau (HRB). Huss’s attorney requested that the State agree to defend…
Date: February 14, 2017
Citation: 2017 MT 27N
Docket Number: DA 16-0508
Date: February 8, 2017
Citation: 2017 MT 25
Docket Number: DA 14-0521
Justia Opinion Summary: After a jury trial, Defendant was convicted of securities fraud. Defendant appealed, arguing that he was denied his right to a speedy trial guaranteed by the Montana Constitution and that the district court erred when it…
Date: February 8, 2017
Citation: 2017 MT 24
Docket Number: DA 15-0214
Justia Opinion Summary: After a jury trial, Defendant was convicted of deliberate homicide. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion by instructing the jury on justifiable use of force in…
Date: February 7, 2017
Citation: 2017 MT 20
Docket Number: DA 16-0186
Justia Opinion Summary: In 2010, Havre High School’s roof partially collapsed. Dick Anderson Construction, Inc. (Anderson) built the roof and Springer Group Architects (Springer) designed it. Hill County High School District No. A filed suit…
Date: February 7, 2017
Citation: 2017 MT 22
Docket Number: DA 16-0378
Justia Opinion Summary: Lloyd filed a petition requesting that he be appointed guardian of M.D., his mother, due to her inability to manage her own affairs. Robert and Doug, Lloyd’s brothers, opposed Lloyd’s petition and asked the court to…
Date: February 7, 2017
Citation: 2017 MT 19
Docket Number: DA 16-0438
Justia Opinion Summary: Shortly after giving birth to Child, Child’s mother signed an affidavit relinquishing her parental rights and consenting to Child’s adoption by Appellants. Mother was living in Havre and Child was living with Appellants…
Date: January 31, 2017
Citation: 2017 MT 18
Docket Number: DA 15-0627
Justia Opinion Summary: Petitioner pled guilty to four counts of felony Sexual Intercourse Without Consent and two counts of felony Sexual Assault. On appeal, petitioner challenges the district court's holding that all of petitioner's claims of…
Date: January 24, 2017
Citation: 2017 MT 14N
Docket Number: DA 16-0415
Date: January 18, 2017
Citation: 2017 MT 12
Docket Number: DA 14-0744
Justia Opinion Summary: After a jury trial, Defendant was found guilty of assault with a weapon and driving while license suspended or revoked. The Supreme Court reversed, holding (1) the district court erred when it denied Defendant’s request…
Date: January 10, 2017
Citation: 2017 MT 3
Docket Number: DA 16-0141
Justia Opinion Summary: Sheri Lee hired Morgan Pierce, PLLP to represent her in a bankruptcy proceeding. Morgan Pierce subsequently filed notice of an attorney’s lien against five pieces of Lee’s real property for legal services rendered.…
Date: January 3, 2017
Citation: 2017 MT 1
Docket Number: DA 15-0489
Justia Opinion Summary: D.L.B., a seventy-five-year-old male suffering from mental illness, has been involuntarily committed to mental hospitals throughout his life. In 2015, the State filed a petition to extend D.L.B.’s commitment to the…
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