Montana Supreme Court Decisions 2011

Western Tradition P'ship v. Attorney General  
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...

Western Tradition v. Attorney Gener
Date: December 30, 2011
Citation: 2012 MT 328
Docket Number: DA 11-0081
Lewistown Miller Constr. v. Martin  
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 abo...

In re Vistation of Larsen  
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...

State v. Redfern
Date: December 30, 2011
Citation: 2011 MT 326N
Docket Number: DA 11-0273
State v. Redfern
Date: December 30, 2011
Citation: 2011 MT 326N
Docket Number: DA 11-0273
Davenport v. Odlin
Date: December 30, 2011
Citation: 2011 MT 327N
Docket Number: DA 11-0286
Davenport v. Odlin
Date: December 30, 2011
Citation: 2011 MT 327N
Docket Number: DA 11-0286
Warren v. Campbell Farming Corp.  
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 percent...

State v. Bryan Lemay
Date: December 22, 2011
Citation: 2011 MT 323
Docket Numbers: DA 10-0535, DA 10-0536, DA 10-0538
State v. LeMay  
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 affir...

State v. Bryan Lemay
Date: December 22, 2011
Citation: 2011 MT 323
Docket Numbers: DA 10-0535, DA 10-0536, DA 10-0538
Diaz v. Blue Cross & Blue Shield  
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 Hoffmann-Bernh...

State v. Updegraff  
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...

State v. Kirk  
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...

In re M.A.S.  
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 pro...

Fronk v. Collins  
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...

Albrecht v. Albrecht  
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 chi...

John Hubbard v. Michael Tramelli
Date: December 20, 2011
Citation: 2011 MT 320N
Docket Number: DA 11-0353
Forbes v. City of Gt. Falls NW En
Date: December 20, 2011
Citation: 2011 MT 317N
Docket Number: DA 11-0402
In the matter of J.P.M.
Date: December 20, 2011
Citation: 2011 MT 318N
Docket Number: DA 11-0409
Adoption of D.H.
Date: December 20, 2011
Citation: 2011 MT 319N
Docket Number: DA 11-0424
Carlstrom v. Title Cash of Montana
Date: December 13, 2011
Citation: 2011 MT 311N
Docket Numbers: DA 09-0149, DA 11-0178
Upshaw v. Ayer
Date: December 13, 2011
Citation: 2011 MT 310N
Docket Number: DA 10-0354
In re J.W.C.  
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 Ch...

Matter of J.W.C. L.W.C. K.W.C. an
Date: December 13, 2011
Citation: 2011 MT 312
Docket Number: DA 11-0227
Ervin v. Ervin  
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. Hu...

Ward v. Ward  
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...

Matter of Finco Trust
Date: December 6, 2011
Citation: 2011 MT 303N
Docket Number: DA 10-0621
Matter of Finco Trust
Date: December 6, 2011
Citation: 2011 MT 303N
Docket Number: DA 10-0621
Matter of Finco Trust
Date: December 6, 2011
Citation: 2011 MT 303N
Docket Number: DA 10-0621
State v. Lamere
Date: December 6, 2011
Citation: 2011 MT 304N
Docket Number: DA 11-0278
State v. Lamere
Date: December 6, 2011
Citation: 2011 MT 304N
Docket Number: DA 11-0278
State v. Dodson  
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 sentenc...

Melvin Gatlin v. State
Date: December 6, 2011
Citation: 2011 MT 305N
Docket Number: DA 11-0319
In re E.M.S.  
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 childre...

In the matter of M.W.
Date: December 6, 2011
Citation: 2011 MT 306N
Docket Number: DA 11-0401
In re Marriage of Damschen  
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 th...

IN THE MATTER OF THE RULES OF APPEL
Date: November 29, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0016
Uniform District Court Rules
Date: November 29, 2011
Docket Number: AF 07-0110
Uniform District Court Rules
Date: November 29, 2011
Docket Number: AF 07-0110
IN THE MATTER OF THE MONTANA RULES
Date: November 29, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0157
Flynn v. Mont. State Fund  
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...

Flynn et al v. MT State Fund et al
Date: November 29, 2011
Docket Number: DA 10-0368
In re Marriage of Cini  
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 payme...

State v. Hass  
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 hi...

Styren Farms v. Roos  
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...

Benintendi v. Hein  
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 un...

McAdam v. DPHHS
Date: November 29, 2011
Citation: 2011 MT 301N
Docket Number: DA 11-0245
Gazette v. City of Billings
Date: November 23, 2011
Citation: 2011 MT 293
Docket Number: DA 10-0615
Gazette v. City of Billings  
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...

Hirt v. DOC
Date: November 23, 2011
Citation: 2011 MT 294N
Docket Number: DA 11-0294
Slack v. Landmark Co.  
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 labo...

Slack v. Landmark Company
Date: November 22, 2011
Citation: 2011 MT 292
Docket Number: DA 10-0651
Wrigg v. Junkermier, Clark, Campanella, Stevens, P.C.  
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 Empl...

Wrigg v. JCCS
Date: November 22, 2011
Docket Number: DA 11-0147
In re Estate of Glennie  
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 Decedent...

Animal Found. of Great Falls v. Dist. Court  
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 Fall...

In re Marriage of Spawn & McGowan  
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 fift...

Marriage of Spawn and McGowan
Date: November 15, 2011
Citation: 2011 MT 284
Docket Number: DA 11-0032
Marriage of Spawn and McGowan
Date: November 15, 2011
Citation: 2011 MT 284
Docket Number: DA 11-0032
State v. Johnson  
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 t...

In re L.L.A.  
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 perio...

Polejewski v. Luft-Sutton
Date: November 15, 2011
Citation: 2011 MT 288N
Docket Number: DA 11-0235
State v. Jenkins  
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,...

Thomas v. John Doe  
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 Supre...

State v. Daniels  
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...

State v. Daniels
Date: November 8, 2011
Citation: 2011 MT 278
Docket Number: DA 10-0291
State v. Daniels
Date: November 8, 2011
Citation: 2011 MT 278
Docket Number: DA 10-0291
State v. Cameron  
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 jus...

State v. Wilson
Date: November 8, 2011
Citation: 2011 MT 277
Docket Number: DA 11-0062
State v. Wilson  
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...

Billy Dodson v. State
Date: November 8, 2011
Citation: 2011 MT 281N
Docket Number: DA 11-0128
State v. Gary Bradley
Date: November 8, 2011
Citation: 2011 MT 280N
Docket Number: DA 11-0182
State v. Habets  
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,...

Puhto v. Smith Funeral Chapels, Inc.  
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...

Matter of B.H.
Date: November 8, 2011
Citation: 2011 MT 282N
Docket Number: DA 11-0327
State v. Peters City of Helena v.
Date: November 3, 2011
Citation: 2011 MT 274
Docket Number: DA 10-0375
State v. Peters  
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 pr...

State v. Kingman
Date: November 1, 2011
Citation: 2011 MT 269
Docket Number: DA 10-0260
State v. Kingman  
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 offen...

Williams v. Plum Creek Timber Co.  
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...

State v. Albert Gaub
Date: November 1, 2011
Citation: 2011 MT 273N
Docket Number: DA 11-0162
LaMere v. Farmers Ins. Exch.  
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 protecti...

Hinebaugh v. McRae  
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' mot...

Hinebaugh v. McRae
Date: November 1, 2011
Citation: 2011 MT 270
Docket Number: DA 11-0240
Hinebaugh v. McRae  
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' mot...

Rogers v. Baum
Date: October 31, 2011
Citation: 2011 MT 268N
Docket Number: DA 11-0146
Jefferson County v. Dep't of Envtl. Quality  
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...

State v. Dennis Schadler
Date: October 27, 2011
Citation: 2011 MT 267N
Docket Number: DA 11-0142
Estate of Richerson v. Cincinnati Ins. Co.  
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...

Yellowstone River, LLC v. Meriwether Land Fund I, LLC  
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 Meriwether'...

State v. Simmons  
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 dist...

AAA Constr. of Missoula, LLC v. Choice Land Corp.  
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 o...

State v. McDonald
Date: October 18, 2011
Citations: 2011 MT 259N, 2011 MT 295N
Docket Number: DA 11-0072
Fasch v. Weeden  
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 constr...

Frates v. City of Great Falls
Date: October 18, 2011
Citation: 2011 MT 260N
Docket Number: DA 11-0116
Showell v. Schmart
Date: October 18, 2011
Citation: 2011 MT 261N
Docket Number: DA 11-0316
In re Holzapfel  
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 exemptio...

State v. Hocter  
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 crimin...

Polejewski v. Metzger
Date: October 11, 2011
Citation: 2011 MT 252N
Docket Number: DA 10-0480
In re Marriage of Chamberlin  
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 aga...

City of Billings v. Staebler  
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 tria...

In re Marriage of Johnson  
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...

State v. Chesterfield  
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, argui...

State v. Howard  
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 sho...

State v. Gould
Date: October 4, 2011
Citation: 2011 MT 248N
Docket Number: DA 10-0655
Lovaas v. State
Date: October 4, 2011
Citation: 2011 MT 250N
Docket Number: DA 11-0047
State v. Carpenter
Date: October 4, 2011
Citation: 2011 MT 249N
Docket Number: DA 11-0063
Curtis v. Citibank  
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 refe...

Myers v. Dee  
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 agains...

In re M.N.  
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...

State v. Farrell
Date: September 28, 2011
Citation: 2011 MT 243N
Docket Number: DA 10-0591
State v. O'Connell  
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 pursu...

Ratliff v. Schwanke  
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 com...

Riggs v. State  
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 ine...

Weiss v. Weiss  
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 interest-free...

Harmon v. Fiscus Realty  
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...

Public Lands Access Assoc. v. Jones
Date: September 20, 2011
Citation: 2011 MT 236N
Docket Number: DA 10-0652
Matter of J.H.
Date: September 20, 2011
Citation: 2011 MT 238N
Docket Number: DA 11-0133
Wallace v. Hayes
Date: September 20, 2011
Citation: 2011 MT 237N
Docket Number: DA 11-0143
State v. Lervold
Date: September 20, 2011
Citation: 2011 MT 234N
Docket Number: DA 11-0173
Matter of J.T.J.A.
Date: September 20, 2011
Citation: 2011 MT 235N
Docket Number: DA 11-0176
Matter of M.M.F.
Date: September 20, 2011
Citation: 2011 MT 233N
Docket Number: DA 11-0215
Miller v. Begley  
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 Go...

Heddings v. State  
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...

Lampi v. Speed  
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 bro...

State v. Roundstone  
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 pe...

Shattuck v. Kalispell Reg'l Med. Ctr.  
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 departmen...

IN RE UNIFORM CASELOAD FILING STAND
Date: September 13, 2011
Docket Number: AF 11-0360
Weber v. BNSF Ry. Co.  
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 breach...

State v. Larry Hamby
Date: September 13, 2011
Citation: 2011 MT 226N
Docket Number: DA 10-0444
Boehm v. Cokedale  
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 Plaintiff...

Real Estate Management Group v. Cho
Date: September 13, 2011
Citation: 2011 MT 225N
Docket Number: DA 11-0043
Rhoades v. Murray
Date: September 7, 2011
Citation: 2011 MT 222N
Docket Number: DA 10-0599
State v. McCaslin  
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...

State v. Finley  
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...

In re Adoption of S.R.T.  
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 reli...

Schroeder v. Lewis and Clark County
Date: September 6, 2011
Citation: 2011 MT 220N
Docket Number: DA 11-0068
Musselshell Ranch v. Joukova
Date: August 31, 2011
Citation: 2011 MT 217
Docket Number: DA 10-0349
Musselshell Ranch Co. v. Joukova  
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 a...

State v. Edwards  
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 tes...

State v. Valdez-Mendoza  
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...

United Tool Rental, Inc. v. Riverside Contracting, Inc.  
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), al...

Steadele v. Colony Ins. Co.  
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....

Headapohl v. Missoula Health Dept.  
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 Appellee...

Hop v. Safeco Ins. Co.  
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...

State v. Jon Peterson
Date: August 30, 2011
Citation: 2011 MT 212N
Docket Number: DA 10-0605
Smith v. Farmers Union Mutual Ins.  
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 underwr...

Credit Service Co., Inc. v. Crasco  
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. Cred...

State v. Spaulding  
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 th...

Eric Smith v. State
Date: August 23, 2011
Citation: 2011 MT 207N
Docket Number: DA 11-0184
State v. Chaussee  
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...

Summer Night Oil Co. v. Munoz  
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...

Potter v. State
Date: August 23, 2011
Citation: 2011 MT 206N
Docket Number: DA 11-0012
Shriner v. DOL and Wild Jack s Casi
Date: August 23, 2011
Citation: 2011 MT 205N
Docket Number: DA 11-0138
Gateway Opencut Mining Action Group v. Bd. of County Comm'rs  
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 c...

Matter of J.L. V.L. and E.P.
Date: August 17, 2011
Citations: 2011 MT 201N, 2011 MT 210N
Docket Number: DA 11-0073
Tacke v. Mont. Lakeshore Props.  
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...

King v. Hays Lodge Pole Sch. Board of Trs.  
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...

Burlington Res. Oil Gas & Co., L.P. v. Lang & Sons, Inc.  
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...

State v. Olivares-Coster  
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 pre...

Larsen v. Richardson  
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. Subs...

Graziano v. Stock Farm Homeowners Ass'n., Inc.  
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, i...

State v. Morrisey
Date: August 11, 2011
Citation: 2011 MT 193N
Docket Number: DA 11-0095
In re Marriage of Wolf  
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 Josep...

Hughes v. Ahlgrens  
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 App...

State v. Kevin Arcel
Date: August 9, 2011
Citation: 2011 MT 191N
Docket Number: DA 10-0500
Knudson and Harman v. the Estate of
Date: August 9, 2011
Citation: 2011 MT 190N
Docket Number: DA 10-0561
State v. Hartsoe  
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 Harts...

State v. Johnston  
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 levels...

State v. DaSilva  
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 di...

Nelson v. Department of Revenue et
Date: August 2, 2011
Citation: 2011 MT 185N
Docket Number: DA 11-0086
Boese v. Miller
Date: August 2, 2011
Citation: 2011 MT 187N
Docket Number: DA 11-0046
Estate of Darlene Wilcock Ernest W
Date: August 2, 2011
Citation: 2011 MT 186N
Docket Number: DA 10-0625
Stokes v. Thirteenth Judicial Dist. Court  
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 cl...

Certain v. Chavez
Date: July 29, 2011
Citation: 2011 MT 180N
Docket Number: DA 11-0060
In re Estate of Willson v. Addison  
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...

Willson v. Dr. Addison
Date: July 29, 2011
Citation: 2011 MT 179
Docket Number: DA 10-0519
Longfellow v. State
Date: July 29, 2011
Citation: 2011 MT 0027
Docket Number: DA 11-0027
Micone v. Dep't of Pub. Health & Human Servs.  
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 an...

Plaintiff v. Defendant  
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...

State v. Stambaugh
Date: July 26, 2011
Citation: 2011 MT 177N
Docket Number: DA 10-0631
Patch v. Hillerich & Bradsby Co.  
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...

Weaver v. Advanced Refrigeration  
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...

Marriage of Lundstrom and Scholz
Date: July 19, 2011
Citation: 2011 MT 173N
Docket Number: DA 11-0074
Patrick v. State  
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...

Kershaw v. Mont. DOT  
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...

Estate of Remior v. Robertsons
Date: July 19, 2011
Citation: 2011 MT 172N
Docket Number: DA 10-0642
State v. Torgerson  
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 an...

Uniform District Court Rules
Date: July 19, 2011
Docket Number: AF 07-0110
Estate of Donovan Donald v. Kalispell Reg'l Med. Ctr.  
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 o...

Estate of Snyder
Date: July 14, 2011
Docket Number: DA 10-0404
State v. Burns  
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...

Touris v. Flathead County  
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 (Tou...

Marriage of Jam
Date: July 11, 2011
Citation: 2011 MT 163N
Docket Number: DA 10-0626
In re R.M.T.  
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 Fathe...

Caldwell v. MACo Workers' Comp. Trust  
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...

Brown v. Yellowstone Club  
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. Aft...

Pearson v. State
Date: June 28, 2011
Docket Number: DA 10-0624
Jorgensen v. Gallatin County
Date: June 28, 2011
Citation: 2011 MT 158N
Docket Number: DA 10-0309
Ternes v. State Farm  
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 we...

City of Billings v. Mallak
Date: June 28, 2011
Citation: 2011 MT 159N
Docket Number: DA 10-0252
Roberts v. Lame Deer
Date: June 28, 2011
Citation: 2011 MT 160N
Docket Number: DA 10-0515
Levens v. Ballard  
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...

Kalispell Educ. Ass'n v. Bd. of Trustees, Kalispell High Sch. Dist.  
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...

State v. Couture  
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 a...

In re Petition to Transfer Territory from Dutton Brady K-12 Sch. Dist.  
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 thr...

Trout Unlimited v. Beaverhead Water Co.  
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 tempo...

City of Great Falls v. Mont. Dep't of Pub. Serv. Regulation  
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 EC...

Ethen v. River Resource Outfitters, L.L.C.  
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 boundar...

State v. Lauretta Wilder
Date: June 21, 2011
Citation: 2011 MT 146N
Docket Number: DA 10-0607
Jordan v. Kalin  
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 c...

State v. Baron Foster
Date: June 21, 2011
Citation: 2011 MT 148N
Docket Number: DA 10-0503
Coutts et al v. Cap the Rate
Date: June 21, 2011
Citation: 2011 MT 147N
Docket Number: DA 10-0598
Puget Sound Energy, Inc. v. Mont. Dep't of Revenue  
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 Dep...

State v. Kal Kenfield
Date: June 21, 2011
Citation: 2011 MT 150N
Docket Number: DA 09-0269
Sonia Craddock v. Bob s Welding Sho
Date: June 21, 2011
Citation: 2011 MT 149N
Docket Number: DA 10-0579
Johnsons v. Chambers
Date: June 21, 2011
Citation: 2011 MT 145N
Docket Number: DA 10-0246
State v. Chowdhury
Date: June 15, 2011
Citation: 2011 MT 140N
Docket Number: DA 10-0528
Fourstar v. Zemyan
Date: June 14, 2011
Citation: 2011 MT 137N
Docket Number: DA 10-0534
Wayne Hixon v. State
Date: June 14, 2011
Citation: 2011 MT 139N
Docket Number: DA 10-0585
Dick Anderson Constr., Inc. v. Monroe Property Co., L.L.C.  
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,...

State v. Keller
Date: June 8, 2011
Citation: 2011 MT 136N
Docket Number: DA 11-0015
In re Marriage of Lloyd  
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 r...

Ernest Wilcock v. State
Date: June 8, 2011
Citation: 2011 MT 135N
Docket Number: DA 10-0588
Cascade Farmers v. Rodriguez and Mo
Date: June 8, 2011
Citation: 2011 MT 134N
Docket Number: DA 10-0560
State v. Main Jr.  
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 dism...

Fick v. Brown  
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,...

In re Marriage of Stevens  
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 e...

State v. Stock  
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...

State v. Garcia  
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...

MATL LLP v. Salois  
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 th...

In the matter of J.A.  
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 p...

Schindler v. United States Automobile Assoc., Inc.  
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...

Grizzly Security Armored Express, Inc. v. The Armored Group, LLC  
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...

State v. Kopp  
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 46-11-5...

Sands Jensen v. Universal Cassett
Date: June 1, 2011
Citation: 2011 MT 121N
Docket Number: DA 10-0483
State v. Johnson  
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...

Hoff v. Lake County Abstract & Title Co.  
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 defau...

Deschamps v. Treasure State Trailer Court, Ltd., et al.  
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...

Doyle, et al. v. Clark, et al.  
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...

Devlin v. State of Montana
Date: June 1, 2011
Citation: 2011 MT 120N
Docket Number: DA 10-0554
Marriage of Lucy
Date: June 1, 2011
Citation: 2011 MT 122N
Docket Number: DA 10-0595
State v. David Johnson
Date: June 1, 2011
Citation: 2011 MT 116
Docket Number: DA 10-0398
Hummel v. State
Date: June 1, 2011
Citation: 2011 MT 119N
Docket Number: DA 10-0439
In re the Matter of the Estate of Harmon  
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 d...

Gibson, et al. v. Paramount Homes LLC, et al.  
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 f...

Kennedy v. Kamera
Date: May 24, 2011
Citation: 2011 MT 114N
Docket Number: DA 10-0529
Hamilton v. Duffy
Date: May 24, 2011
Citation: 2011 MT 113N
Docket Number: DA 10-0512
Blanton et al v. The Dept. of Public Health and Human Services  
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 grea...

State v. Heavygun  
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...

In re Matter of the Estate of William Big Spring, Jr.  
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 whe...

In re Marriage of Orcutt  
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 i...

State v. BNSF Railway Co.  
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 vio...

Rogers v. State  
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 stepd...

United States v. Juvenile Male  
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) an...

Estate of Helen Schott
Date: May 12, 2011
Citation: 2011 MT 103N
Docket Number: DA 10-0408
In re the Marriage of Scott L. Hart  
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 tw...

Matter of D.C.N.
Date: May 10, 2011
Citation: 2011 MT 101N
Docket Number: DA 10-0298
Colstrip Energy, LP v. Northwestern Corp.  
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...

Hilliard v. Smith  
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 prima...

City of Great Falls v. Jason Rand
Date: May 10, 2011
Citation: 2011 MT 100N
Docket Number: DA 10-0517
Adams v. Maynard
Date: May 4, 2011
Citation: 2011 MT 95N
Docket Number: DA 10-0458
Motta v. Granite County
Date: May 4, 2011
Citation: 2011 MT 96N
Docket Number: DA 10-0589
Pacificorp v. State of Montana, Dept. of Revenue  
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 PacificC...

State v Tschida Brown  
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 ineffect...

State v. Timothy M. Wright  
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 receive...

Public Defender v. 18th Judicial Di
Date: May 3, 2011
Citation: 2011 MT 97N
Docket Number: OP 11-0206
Kathy Heffernan, et al v. Missoula City Council, et al  
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...

State v. Gregory Maine  
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...

Tim Fellows et al. v. Dept. of Adm  
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 Div...

State v. Finley  
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 he...

In re Estate of Harmon  
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...

State v. Mick Grant  
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 se...

Matter of C.J.
Date: April 20, 2011
Citation: 2011 MT 87N
Docket Number: DA 10-0477
State v. Nickerson
Date: April 20, 2011
Citation: 2011 MT 85N
Docket Number: DA 10-0259
State v. Otten  
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 issue...

Matter of I.B.  
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...

In the matter of K.J.D.
Date: April 20, 2011
Citation: 2011 MT 86N
Docket Number: DA 10-0544
Estate of Hicks
Date: April 19, 2011
Citation: 2011 MT 76
Docket Number: DA 10-0459
State v. Steven J. Wilmer
Date: April 19, 2011
Citation: 2011 MT 78
Docket Number: DA 10-0159
Eldredge v. ASARCO
Date: April 19, 2011
Citation: 2011 MT 80
Docket Number: 04-749
Nava v. State
Date: April 19, 2011
Citation: 2011 MT 77
Docket Number: DA 10-0356
Ronning etal v. Yellowstone County
Date: April 19, 2011
Citation: 2011 MT 79
Docket Number: DA 10-0361
State v. Shawn McDowell
Date: April 14, 2011
Citation: 2011 MT 75
Docket Number: DA 09-0474
Matter of D.K.D.
Date: April 14, 2011
Citation: 2011 MT 74
Docket Number: DA 10-0242
Spreadbury v. Wetzsteon and Corn
Date: April 12, 2011
Citation: 2011 MT 72N
Docket Number: DA 10-0492
Estate of Bell v. Cummings et al
Date: April 12, 2011
Citation: 2011 MT 71N
Docket Number: DA 10-0509
Matter of A.S. and T.S.
Date: April 12, 2011
Citation: 2010 MT 69
Docket Number: DA 10-0448 (con)
Hendershott v. Westphal
Date: April 12, 2011
Citation: 2011 MT 73
Docket Number: DA 10-0434
Estate of Reeder v. Olsen
Date: April 12, 2011
Citation: 2011 MT 70N
Docket Number: DA 10-0303
Matter of Casey Vaughn
Date: April 5, 2011
Citation: 2011 MT 58N
Docket Number: DA 10-0441
Cox v. Seiffert
Date: April 5, 2011
Citation: 2011 MT 64N
Docket Number: DA 10-0473
Matter of C.H. and B.B.
Date: April 5, 2011
Citation: 2011 MT 68N
Docket Number: DA 10-0497
Conservatorship of J.R.
Date: April 5, 2011
Citation: 2011 MT 62
Docket Number: DA 10-0256
John Watson v. Devra West
Date: April 5, 2011
Citation: 2011 MT 57
Docket Number: DA 10-0447
Williams v. Williams
Date: April 5, 2011
Citation: 2011 MT 63
Docket Number: DA 10-0355
State v. Sheila Young
Date: April 5, 2011
Citation: 2011 MT 65N
Docket Number: DA 10-0465
State v. Bonck
Date: April 5, 2011
Citation: 2011 MT 66N
Docket Number: DA 10-0340
Osman and Krone v. Cavalier et al.
Date: April 5, 2011
Citation: 2011 MT 60
Docket Number: DA 10-0254
State v. Donnie Sellers
Date: April 5, 2011
Citation: 2011 MT 59N
Docket Number: DA 09-0605
Spreadbury v. Bell
Date: April 5, 2011
Citation: 2011 MT 67N
Docket Number: DA 10-0442
City of Missoula v. Jessica Moore
Date: April 5, 2011
Citation: 2011 MT 61
Docket Number: DA 10-0445
Wiser and Conlan v. MT Board of Den
Date: March 29, 2011
Citation: 2011 MT 56
Docket Number: DA 10-0230
Kessler v. Kessler
Date: March 23, 2011
Citation: 2011 MT 54
Docket Number: DA 10-0395
State v. T. Pearson
Date: March 23, 2011
Citation: 2011 MT 55
Docket Number: DA 10-0148
Grice and Myers v. Price
Date: March 22, 2011
Citation: 2011 MT 50
Docket Number: DA 10-0470
Bitterroot River Protection v. Bi
Date: March 22, 2011
Citation: 2011 MT 51
Docket Number: DA 10-0209
State v. Anthony Roberty
Date: March 22, 2011
Citation: 2011 MT 53N
Docket Number: DA 10-0516
State v. Flynn
Date: March 22, 2011
Citation: 2011 MT 48
Docket Number: DA 10-0386
Hopkins and Uninsured Employers Fu
Date: March 22, 2011
Citation: 2011 MT 49
Docket Number: DA 10-0403
State v. Michael Baze
Date: March 22, 2011
Citation: 2011 MT 52
Docket Number: DA 10-0312
Walters v. Flathead Concrete
Date: March 16, 2011
Citation: 2011 MT 45
Docket Number: DA 10-0185
Matter of Daniel M.
Date: March 16, 2011
Citation: 2011 MT 47N
Docket Number: DA 10-0285
State v. Wayne P. Lindsey
Date: March 16, 2011
Citation: 2011 MT 46
Docket Number: DA 09-0655
IN THE MATTER OF THE MONTANA RULES
Date: March 15, 2011
Citation: 2007 MT 334
Docket Number: AF 07-0157
Gaston Engineering v. Oakwood Prope
Date: March 15, 2011
Citation: 2011 MT 44
Docket Number: DA 10-0102
Uniform District Court Rules
Date: March 15, 2011
Docket Number: AF 07-0110
Wright v. ACE American Insurance Co
Date: March 15, 2011
Citation: 2011 MT 43
Docket Number: DA 10-0307
IN RE THE RULES OF PROFESSIONAL CON
Date: March 15, 2011
Docket Number: AF 09-0688
State v. Barry Holt
Date: March 11, 2011
Citation: 2011 MT 42
Docket Number: DA 10-0060 (con)
State v. Shannon D. Bullplume
Date: March 8, 2011
Citation: 2011 MT 40
Docket Number: DA 10-0028
Marriage of Frick and Perina
Date: March 8, 2011
Citation: 2011 MT 41
Docket Number: DA 10-0334
Estate of Irvine v Dodge
Date: March 2, 2011
Citation: 2011 MT 37N
Docket Number: DA 10-0430
Gold v City of Missoula
Date: March 2, 2011
Citation: 2011 MT 38N
Docket Number: DA 10-0262
State v Frost
Date: March 2, 2011
Citation: 2011 MT 39N
Docket Number: DA 10-0353
Nichols v DOJ Drivers License Bur
Date: March 1, 2011
Citation: 2011 MT 33
Docket Number: DA 10-0175
State v Nicole Guill
Date: March 1, 2011
Citation: 2011 MT 32
Docket Number: DA 09-0048
State v Tyrone Payne
Date: March 1, 2011
Citation: 2011 MT 35
Docket Number: DA 10-0178
IN THE MATTER OF PROPOSED RULES FOR
Date: March 1, 2011
Docket Number: AF 10-0212
State v Steven Rodriguez
Date: March 1, 2011
Citation: 2011 MT 36
Docket Number: DA 10-0128
State v Kim Norquay
Date: March 1, 2011
Citation: 2011 MT 34
Docket Number: DA 10-0016
Matter of T J F
Date: February 23, 2011
Citation: 2011 MT 28
Docket Number: DA 10-0297
State v Holen
Date: February 23, 2011
Citation: 2011 MT 30N
Docket Number: DA 09-0433
Kortlander v Nightengale
Date: February 23, 2011
Citation: 2011 MT 31N
Docket Number: DA 10-0376
Swenson v State
Date: February 23, 2011
Citation: 2011 MT 29N
Docket Number: DA 10-0364
Calvert v Geiger et al
Date: February 16, 2011
Citation: 2011 MT 24N
Docket Number: DA 10-0306
Lowry v Lowry
Date: February 16, 2011
Citation: 2011 MT 26N
Docket Number: DA 10-0281
Roberts v Lame Deer School Distric
Date: February 16, 2011
Citation: 2011 MT 25N
Docket Number: DA 10-0261
Guardianship and Conservatorship of
Date: February 16, 2011
Citation: 2011 MT 27N
Docket Number: DA 10-0227
Calvert v Geiger et al
Date: February 16, 2011
Citation: 2011 MT 24N
Docket Number: DA 10-0306
State v Ronald Petersen
Date: February 15, 2011
Citation: 2011 MT 22
Docket Number: DA 09-0263
Mental Health of L K-S
Date: February 15, 2011
Citation: 1011 MT 21
Docket Number: DA 10-0299
State v Pablo
Date: February 15, 2011
Citation: 2011 MT 20N
Docket Number: DA 10-0316
State v Savage
Date: February 15, 2011
Citation: 2011 MT 23
Docket Number: DA 10-0083
State v Schaff
Date: February 15, 2011
Citation: 2011 MT 19
Docket Number: DA 10-0197
State v Richard Pearrow
Date: February 14, 2011
Citation: 2011 MT 18
Docket Number: DA 10-0282
C A Grenz v Department of Natural
Date: February 10, 2011
Citation: 2011 MT 17
Docket Number: DA 09-0659
State v Roland Dee Tirey
Date: February 9, 2011
Citation: 2010 MT 283A
Docket Number: DA 09-0522
Marriage of Dunkle and Hargrove
Date: February 8, 2011
Citation: 2011 MT 15N
Docket Number: DA 10-0336
Marriage of Stark
Date: February 8, 2011
Citation: 2011 MT 14N
Docket Number: DA 10-0425
State v Stambaugh
Date: February 8, 2011
Citation: 2011 MT 16N
Docket Number: DA 10-0363
Johnson v Western Transport
Date: February 8, 2011
Citation: 2011 MT 13
Docket Number: DA 10-0229
Goles v Neumann
Date: February 4, 2011
Citation: 2011 MT 11
Docket Number: DA 10-0315
City of Great Falls v Forbes
Date: February 1, 2011
Citation: 2011 MT 12
Docket Number: DA 10-0301
State v Donald Murray
Date: January 27, 2011
Citation: 2011 MT 10
Docket Number: DA 10-0214
Sharon Boyce v Loken Builders Inc
Date: January 26, 2011
Citation: 2011 MT 8N
Docket Number: DA 10-0271
State v Gerald Stiffarm
Date: January 26, 2011
Citation: 2011 MT 9
Docket Number: DA 10-0177
State v Gerald Stiffarm
Date: January 26, 2011
Citation: 2011 MT 9
Docket Number: DA 10-0177
Schroeder v Schroeder
Date: January 25, 2011
Citation: 2011 MT 7N
Docket Number: DA 10-0173
State v Goff
Date: January 25, 2011
Citation: 2011 MT 6
Docket Number: DA 10-0082
State v Terry Morrissette
Date: January 18, 2011
Citation: 2011 MT 4N
Docket Number: DA 10-0328
Vaughn v State
Date: January 18, 2011
Citation: 2011 MT 5N
Docket Number: DA 10-0079
State v Hovey
Date: January 11, 2011
Citation: 2011 MT 3
Docket Numbers: DA 10-0139 (con), DA 10-0141
State v Alexander Hovey
Date: January 11, 2011
Citation: 2011 MT 3
Docket Numbers: DA 10-0139 (con), DA 10-0141
State v Paul C Gieser
Date: January 4, 2011
Citation: 2011 MT 2
Docket Number: DA 10-0149
Marriage of Alexander
Date: January 4, 2011
Citation: 2011 MT 1
Docket Number: DA 10-0300
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