Montana Supreme Court Decisions 2012

Big Sky Colony, Inc. v. Dep't of Labor & Indus.  
Date: December 31, 2012
Citation: 2012 MT 320
Docket Number: DA 11-0572

Justia Opinion Summary: Plaintiff The Big Sky Colony, Inc., a signatory to the Hutterian Brethren Church Constitution, organized itself as a religious corporation under Montana law. Plaintiff Daniel Wipf was the Colony's first minister and corp...

Kluver v. PPL Mont., LLC  
Date: December 31, 2012
Citation: 2012 MT 321
Docket Number: DA 11-0681

Justia Opinion Summary: Plaintiffs commenced a lawsuit against several power companies alleging that the Colstrip power facility, which bordered land owned by Plaintiffs, contaminated groundwater under their property. The parties proceeded with...

McEwen v. MCR, LLC  
Date: December 31, 2012
Citation: 2012 MT 319
Docket Number: DA 11-0722

Justia Opinion Summary: MCR, LLC filed an action for condemnation of a compressor station site on property owned by Appellees. Appellees counterclaimed against MCR for damage to their property and claimed punitive damages. Appellees sought rest...

Marsden v. Blue Cross & Blue Shield of Mont., Inc.  
Date: December 28, 2012
Citation: 2012 MT 306
Docket Number: DA 12-0341

Justia Opinion Summary: Blue Cross and Blue Shield of Montana (BCBS) signed an employment agreement with Plaintiff containing a clause to compel arbitration for any disputes regarding the employment agreement. After Plaintiff's employment was t...

State v. Stewart  
Date: December 27, 2012
Citation: 2012 MT 317
Docket Number: DA 11-0254

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of incest. On appeal, the Supreme Court affirmed, holding (1) Defendant was not entitled to a new trial due to law enforcement's warrantless monitoring and recordi...

Mattson v. Mont. Power Co.  
Date: December 27, 2012
Citation: 2012 MT 318
Docket Number: DA 11-0413

Justia Opinion Summary: This appeal was the third in the course of this litigation. Plaintiffs were a group of landowners with properties on the shores of Flathead Lake and a portion of the upper Flathead River. Plaintiffs commenced this action...

State v. Kenneth Nixon
Date: December 27, 2012
Citation: 2012 MT 316
Docket Number: DA 11-0611
State v. Nixon  
Date: December 27, 2012
Citation: 2012 MT 316
Docket Number: DA 11-0611

Justia Opinion Summary: Defendant was charged with DUI, fourth or subsequent offense. The information provided that Defendant was previously convicted of qualifying DUI offenses in 2009, 1999, and 1992. Defendant filed a motion to dismiss due t...

Labair v. Carey  
Date: December 27, 2012
Citation: 2012 MT 312
Docket Number: DA 11-0755

Justia Opinion Summary: The Labairs lost their newborn baby after an early delivery by C-section. The Labairs retained Steve Carey and Carey Law Firm (Carey) to pursue their medical malpractice claim against their obstetrician. More than two an...

Jones v. Shaurette
Date: December 27, 2012
Citation: 2012 MT 310N
Docket Number: DA 12-0153
State v. Claassen  
Date: December 27, 2012
Citation: 2012 MT 313
Docket Number: DA 12-0162

Justia Opinion Summary: Defendant pled guilty to one count of sexual abuse of children pursuant to a plea agreement. The district court sentenced Defendant to the Department of Corrections (DOC) for seven years, with two years suspended upon se...

Marriage of Churchill
Date: December 27, 2012
Citation: 2012 MT 311N
Docket Number: DA 12-0177
Tonner v. Cirian  
Date: December 27, 2012
Citation: 2012 MT 314
Docket Number: DA 12-0178

Justia Opinion Summary: Defendant's vehicle collided with Plaintiff's vehicle as Plaintiff was driving through an intersection. The collision damaged both vehicles and injured Plaintiff. Plaintiff filed an amended complaint against Plaintiff, a...

Swapinski v. Hubbard
Date: December 27, 2012
Citation: 2012 MT 309N
Docket Number: DA 12-0259
Sees the Ground v. State
Date: December 27, 2012
Citation: 2012 MT 315N
Docket Number: DA 12-0291
State v. Geren  
Date: December 26, 2012
Citation: 2012 MT 307
Docket Number: DA 11-0658

Justia Opinion Summary: After a jury trial, Defendant was found guilty of incest and attempted incest involving his daughter, incest and sexual intercourse without consent involving his step-daughter, and sexual intercourse without consent invo...

Evans v. Dow
Date: December 26, 2012
Citation: 2012 MT 308N
Docket Number: DA 12-0110
Fink v. Williams  
Date: December 24, 2012
Citation: 2012 MT 304
Docket Number: DA 12-0065

Justia Opinion Summary: In 2000, Decedent executed a will that devised his estate to his niece Dana Fink and her brother, Dustin Badgett. In 2009, approximately seven weeks before his death, Decedent signed a quitclaim deed conveying substantia...

Castro v. Ernie s Auto
Date: December 24, 2012
Citation: 2012 MT 305N
Docket Number: DA 12-0227
State v. Lozon  
Date: December 21, 2012
Citation: 2012 MT 303
Docket Number: DA 11-0645

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence. Defendant appealed, arguing that the district court abused its discretion by partially denying his motion in limine to exclude video footage dep...

Gatlin-Johnson v. Miles City  
Date: December 21, 2012
Citation: 2012 MT 302
Docket Number: DA 12-0129

Justia Opinion Summary: When Plaintiff brought her daughter to play in a city park, the child fell from a slide in the playground area and suffered a severe head injury. Plaintiff sued the City for negligently failing to maintain a safe depth o...

State v. Fitzpatrick  
Date: December 20, 2012
Citation: 2012 MT 300
Docket Number: DA 11-0559

Justia Opinion Summary: After an agent with the Tri-Agency Safe Trails Task Force purchased quantities of marijuana from Defendants in excess of what was legal under the Medical Marijuana Act, law enforcement arrested Defendants. Officers execu...

Alexander v. Bozeman Motors, Inc.  
Date: December 20, 2012
Citation: 2012 MT 301
Docket Number: DA 11-0566

Justia Opinion Summary: Mike Alexander was one of two former employees of Bozeman Motors who filed suit against Bozeman Motors and its president and managers, alleging negligence, battery, and negligent or intentional infliction of emotional di...

Williamson v. Mont. Pub. Serv. Comm'n  
Date: December 20, 2012
Citation: 2012 MT 299
Docket Number: DA 12-0317

Justia Opinion Summary: Petitioners filed a complaint with the Montana Public Service Commission (PSC), alleging that Northwestern Energy had been overcharging consumes for its street lighting services. The PSC dismissed the petition. The Supre...

Murray v. Whitcraft  
Date: December 19, 2012
Citation: 2012 MT 298
Docket Number: DA 11-0749

Justia Opinion Summary: Plaintiff was injured in a car accident when the car in which he was a passenger and which Defendant was driving crashed after Defendant lost control of the vehicle. Plaintiff filed an action against Defendant seeking da...

Harper v. State
Date: December 19, 2012
Citation: 2012 MT 294N
Docket Number: DA 12-0106
Summers v. Cook
Date: December 19, 2012
Citation: 2012 MT 296N
Docket Number: DA 12-0345
Ellenburg v. Kirkegard
Date: December 19, 2012
Citation: 2012 MT 295N
Docket Number: DA 12-0347
Scriver. v. State
Date: December 19, 2012
Citation: 2012 MT 297N
Docket Number: DA 12-0366
State v. McCoy  
Date: December 18, 2012
Citation: 2012 MT 293
Docket Number: DA 11-0740

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted theft and sentenced to ten years imprisonment. Defendant appealed, arguing that the district court abused its discretion in finding a sufficient chain of custody f...

Siebken v. Voderberg  
Date: December 18, 2012
Citation: 2012 MT 291
Docket Number: DA 12-0102

Justia Opinion Summary: In December 2004, Plaintiff, an on-duty law enforcement officer with the Federal Reserve Bank, was injured in an altercation on the bank premises with Defendant, who had trespassed onto the Federal Reserve property while...

In re Estate of Afrank  
Date: December 18, 2012
Citation: 2012 MT 289
Docket Number: DA 12-0202

Justia Opinion Summary: Decedent's will divided his estate among his wife (Wife) and his sons and left to Wife all of their jointly-owned vehicles and other property. At the time of Decedent's death he and Wife owned a motor home as joint tenan...

Musselshell County v. Yellowstone County  
Date: December 18, 2012
Citation: 2012 MT 292
Docket Number: DA 12-0267

Justia Opinion Summary: An underground mine with surface facilities located in Musselshell County (Musselshell) extended underground into Yellowstone County (Yellowstone) and produced coal mined from both Musselshell and Yellowstone. Based upon...

In re H.R.  
Date: December 18, 2012
Citation: 2012 MT 290
Docket Number: DA 12-0282

Justia Opinion Summary: After the district court awarded the Department of Health and Human Services temporary legal custody of Mother's two children, the court adjudicated the children as youths in need of care. The State subsequently petition...

Donaldson et al v. State of Montana
Date: December 17, 2012
Citation: 2012 MT 288
Docket Number: DA 11-0451
Donaldson et al v. State of Montana
Date: December 17, 2012
Citation: 2012 MT 288
Docket Number: DA 11-0451
Donaldson v. State  
Date: December 17, 2012
Citation: 2012 MT 288
Docket Number: DA 11-0451

Justia Opinion Summary: Plaintiffs in this case were individuals who were in committed same-sex relationships. Plaintiffs sued the State, contending that there was a statutory structure in Montana law that prohibited them from enjoying signific...

Thaylin S. Pierce v. State
Date: December 12, 2012
Citation: 1012 MT 287N
Docket Number: DA 12-0135
State v. Patterson  
Date: December 11, 2012
Citation: 2012 MT 282
Docket Number: DA 11-0496

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of sexual intercourse without consent and one count of sexual assault. Defendant appealed. The Supreme Court affirmed, holding (1) under the circumstances present...

State v. Deshaw  
Date: December 11, 2012
Citation: 2012 MT 284
Docket Number: DA 11-0719

Justia Opinion Summary: Defendant pled guilty to the felony offense of criminal possession with intent to distribute. The district court sentenced him to a three-year deferred imposition of sentence. Defendant appealed his conviction and senten...

Brookins v. Mote  
Date: December 11, 2012
Citation: 2012 MT 283
Docket Number: DA 12-0046

Justia Opinion Summary: Plaintiff gave birth to Child at Hospital. Complications arose prior to and after Child's delivery, leading to problems with Child's brain development. Plaintiff, individually and on behalf of Child, later sued the docto...

Kaestner et al v. Masten and Amber
Date: December 11, 2012
Citation: 2012 MT 286N
Docket Number: DA 12-0088
Posselt v. Powers Grimsrud
Date: December 11, 2012
Citation: 2012 MT 285N
Docket Number: DA 12-0290
In re S.M.K.  
Date: December 5, 2012
Citation: 2012 MT 281
Docket Number: DA 11-0772

Justia Opinion Summary: After a youth violated the terms of his initial probation agreement, the judicial district youth court revoked that agreement and entered a dispositional order that extended the youth's probationary period for an additio...

State v. Peart  
Date: December 4, 2012
Citation: 2012 MT 274
Docket Number: DA 11-0547

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of incest. The district court sentenced Defendant to 100 years in the Montana State Prison with a possibility of parole after fifty years. The district court desig...

State v. Weaver
Date: December 4, 2012
Citation: 2012 MT 277N
Docket Number: DA 11-0705
State v. Lyndi L. Wills
Date: December 4, 2012
Citation: 2012 MT 279N
Docket Number: DA 11-0724
State v. Colvin
Date: December 4, 2012
Citation: 2012 MT 280N
Docket Number: DA 12-0016
LeProwse v. Garrett  
Date: December 4, 2012
Citation: 2012 MT 275
Docket Number: DA 12-0122

Justia Opinion Summary: Brenette Garrett and Jason LeProwse were the biological parents of T.G. In September 2011, the justice court issued a temporary order of protection (TOP) against LeProwse pursuant to Mont. Code Ann. 40-15-201. Shortly th...

Shephard v. Widhalm  
Date: December 4, 2012
Citation: 2012 MT 276
Docket Number: DA 12-0140

Justia Opinion Summary: In this dispute over real property, Roslyn Shephard, in her capacity as personal representative of the estates of real property owners (Lessors), terminated the third lease of Lessees based on an alleged violation of the...

State v. Troy Butler
Date: December 4, 2012
Citation: 2012 MT 278N
Docket Number: DA 12-0220
Helena Sand & Gravel, Inc. v. Planning & Zoning Comm'n  
Date: November 30, 2012
Citation: 2012 MT 272
Docket Number: DA 11-0510

Justia Opinion Summary: Helena Sand and Gravel, Inc. (HSG) challenged Lewis and Clark County's decision to adopt a citizen-initiated proposal to configure a zoning district that favored residential uses and prohibited mining. The district court...

W. Tradition P'ship, Inc. v. Attorney Gen.  
Date: November 27, 2012
Citations: 2011 MT 328, 2012 MT 271
Docket Number: DA 11-0081

Justia Opinion Summary: Plaintiffs sought a declaratory ruling that Mont. Code Ann. 13-35-227(1) violated their constitutional rights to free speech by prohibiting political expenditures by corporations on behalf of or opposing candidates for p...

State v. Vernon Lee Miller
Date: November 27, 2012
Citation: 2012 MT 273N
Docket Number: DA 11-0684
State v. Moore
Date: November 21, 2012
Citation: 2012 MT 270N
Docket Number: DA 11-0550
State v. Horton
Date: November 21, 2012
Citation: 2012 MT 268N
Docket Number: DA 11-0717
State v. Gauna
Date: November 21, 2012
Citation: 2012 MT 269N
Docket Number: DA 11-0756
City of Missoula v. Paffhausen  
Date: November 20, 2012
Citation: 2012 MT 265
Docket Number: DA 11-0351

Justia Opinion Summary: Shortly after Defendant was charged with DUI, she notified the police department that she believed she had been given a "date rape" drug that caused her impairment. Before trial commenced, Defendant claimed she would ass...

State v. Brooks  
Date: November 20, 2012
Citation: 2012 MT 263
Docket Number: DA 11-0585

Justia Opinion Summary: Defendant pled guilty to felony arson for setting fire to a car and two dumpsters. After a sentencing hearing, the district court sentenced Defendant to a four-year suspended DOC commitment and required him to pay $1600...

Brown & Brown of MT, Inc. v. Raty  
Date: November 20, 2012
Citation: 2012 MT 264
Docket Number: DA 11-0739

Justia Opinion Summary: Plaintiff commenced an action in the district court seeking a preliminary injunction preventing Defendants, their neighbors, from crossing Plaintiff's land, or in the alternative, a declaratory judgment stating that Defe...

Elk Mountain Motor Sports, Inc. v. Dep't of Labor & Indus.  
Date: November 20, 2012
Citation: 2012 MT 261
Docket Number: DA 12-0052

Justia Opinion Summary: Employee was injured while working for Employer. Because Employer failed to retain current worker's compensation insurance, Employee filed a claim with the Uninsured Employer's Fund, which the Fund accepted. The Fund sou...

Whitefish Credit Union v. Sherman  
Date: November 20, 2012
Citation: 2012 MT 267
Docket Number: DA 12-0053

Justia Opinion Summary: Russell Sherman obtained loans for over $1,594,282 from the Whitefish Credit Union (WCU). Russell defaulted in paying the loans. WCU subsequently gave notice of default in a ten-day demand letter. Receiving no response f...

Botz v. Bridger Canyon Planning & Zoning Comm'n  
Date: November 20, 2012
Citation: 2012 MT 262
Docket Number: DA 12-0131

Justia Opinion Summary: This appeal pertained to the location of a partially-constructed horse barn in a planned unit development (PUD). Plaintiffs were the owner of the barn, the owner's contractor, and FPR Properties. After it was notified th...

Matter of D.J. and D.J.
Date: November 20, 2012
Citation: 2012 MT 266N
Docket Number: DA 12-0323
State v. Bishop  
Date: November 13, 2012
Citation: 2012 MT 259
Docket Number: DA 11-0325

Justia Opinion Summary: Defendant was convicted of attempted sexual intercourse without consent, a felony. The district court sentenced Defendant to Montana State Prison for a term of fifteen years, with five suspended. The Supreme Court affirm...

Marriage of Burke
Date: November 13, 2012
Citation: 2012 MT 256N
Docket Number: DA 11-0608
Beehler v. E. Radiological Assocs., P.C.  
Date: November 13, 2012
Citation: 2012 MT 260
Docket Number: DA 11-0618

Justia Opinion Summary: Katherine Beehler-Goodson was the mother of minor children E.G. and R.G., the wife of Plaintiff Robert Goodson, and the sister of Plaintiff Tony Beehler. While Katherine was undergoing a myelogram, bacteria were introduc...

State v. Dean Kippenhan
Date: November 13, 2012
Citation: 2012 MT 257N
Docket Number: DA 11-0663
In re C.R.  
Date: November 13, 2012
Citation: 2012 MT 258
Docket Number: DA 12-0071

Justia Opinion Summary: The district court involuntarily committed and authorized the involuntary medication of thirty-year-old C.R. after it determined that he suffered from a mental disorder and that his condition met the statutory criteria f...

Matter of C.R.
Date: November 13, 2012
Citation: 2012 MT 258
Docket Number: DA 12-0071
Marriage of Reum
Date: November 13, 2012
Citation: 2012 MT 255N
Docket Number: DA 12-0170
State v. Myran
Date: November 8, 2012
Citation: 2012 MT 252
Docket Number: DA 11-0499
State v. Myran  
Date: November 8, 2012
Citation: 2012 MT 252
Docket Number: DA 11-0499

Justia Opinion Summary: Defendant was convicted of deliberate homicide stemming from the shooting death of his former roommate. On appeal, Defendant contended that the district court erred by instructing the jury it was prohibited from consider...

Osman v. Blanks
Date: November 8, 2012
Citation: 2012 MT 254N
Docket Number: DA 12-0272
Matter of I.T. and J.L.
Date: November 8, 2012
Citation: 2012 MT 253N
Docket Number: DA 12-0287
State v. Young  
Date: November 7, 2012
Citation: 2012 MT 251
Docket Number: DA 11-0472

Justia Opinion Summary: The State charged Defendant with DUI and two drug counts. The DUI count was charged as a felony because the State maintained that Defendant had three prior DUI convictions. Defendant had been convicted of DUI twice in Id...

State v. Chavez-Villa  
Date: November 7, 2012
Citation: 2012 MT 250
Docket Number: DA 11-0541

Justia Opinion Summary: After a trial, Defendant was convicted for driving under the influence. The Supreme Court affirmed the conviction, holding (1) the district court erroneously allowed the results of a horizontal gaze nystagmus and prelimi...

Martin v. Artis   
Date: November 7, 2012
Citation: 2012 MT 249
Docket Number: DA 12-0120

Justia Opinion Summary: Plaintiff filed a complaint against Defendants asserting that a tree on Defendants' property was a nuisance and trespass because it blocked Plaintiff's view. The district court dismissed the complaint for failing to stat...

Longjaw v. State  
Date: October 30, 2012
Citation: 2012 MT 243
Docket Number: DA 11-0087

Justia Opinion Summary: A jury convicted Defendant of aggravated burglary and sexual intercourse without consent. Defendant argued on appeal that his convictions should be reversed because his standby counsel had a conflict of interest, the dis...

State v. Sisneros
Date: October 30, 2012
Citation: 2012 MT 247N
Docket Number: DA 11-0694
State v. Duncan  
Date: October 30, 2012
Citation: 2012 MT 241
Docket Number: DA 11-0744

Justia Opinion Summary: This was Defendant's second appeal to the Supreme Court. In the prior appeal, the Court affirmed Defendant's conviction of two counts of felony sexual assault and remanded the case for resentencing. The district court su...

Horn v. Bull River Country Store Props., LLC  
Date: October 30, 2012
Citation: 2012 MT 245
Docket Number: DA 12-0017

Justia Opinion Summary: After a five-day trial, a jury decided that Appellee Bull River Country Store Properties, LLC was not negligent in connection with Appellants' claim that it sold water-contaminated diesel fuel. Appellants appealed the di...

Chipman v. Nw. Healthcare Corp.  
Date: October 30, 2012
Citation: 2012 MT 242
Docket Number: DA 12-0050

Justia Opinion Summary: Plaintiffs were employees of Defendant Kalispell Regional Medical Center (KRMC). Defendant Northwest Healthcare Corporation (NWHC) was the parent corporation of the remaining defendant entities. This case arose out of a...

B Bar J Ranch, LLC v. Carlisle Wide Plank Floors, Inc.  
Date: October 30, 2012
Citation: 2012 MT 246
Docket Number: DA 12-0080

Justia Opinion Summary: Plaintiff owned and operated a ranch with an 18,000 square-foot lodge. Defendant was a custom manufacturer of high-end wood flooring from whom Plaintiff brought wood flooring while building the lodge. After it was instal...

Cyril K. Richard v. State
Date: October 30, 2012
Citations: 2012 MT 213N, 2012 MT 248N
Docket Number: DA 12-0213
Wyrick v. Wyrick  
Date: October 30, 2012
Citation: 2012 MT 244
Docket Number: DA 12-0318

Justia Opinion Summary: After Donald and Lora Wyrick filed for dissolution of their marriage, the district court struggled to resolve a convoluted child support arrangement that festered for nearly twenty years. Donald filed a motion for modifi...

Clark Fork Coalition v. Dep't of Envtl. Quality  
Date: October 29, 2012
Citation: 2012 MT 240
Docket Number: DA 11-0667

Justia Opinion Summary: Plaintiffs, in anticipation of Revett Silver Company and RC Resources, Inc. (collectively, "Revett") seeking approval for mine-related construction under a general permit, filed this action against the Department of Envi...

State v. Carr
Date: October 24, 2012
Citation: 2012 MT 239N
Docket Number: DA 11-0687
IN RE THE RULES FOR ADMISSION TO TH
Date: October 23, 2012
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: October 23, 2012
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: October 23, 2012
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: October 23, 2012
Docket Number: AF 11-0244
Richards v. County of Missoula  
Date: October 23, 2012
Citation: 2012 MT 236
Docket Number: DA 11-0721

Justia Opinion Summary: Plaintiff submitted an application for a 119-lot subdivision, which the Board of Missoula County Commissioners denied. Plaintiff petitioned for judicial review of the Board's action and alternatively claimed that the Boa...

State v. Gai  
Date: October 23, 2012
Citation: 2012 MT 235
Docket Number: DA 12-0095

Justia Opinion Summary: After a bench trial in justice court, Defendant was convicted for DUI per se. At the close of the State's case-in-chief, Defendant moved the justice court to dismiss the charge on grounds of insufficient evidence, arguin...

O Connell et al. v. Bolen et al.
Date: October 23, 2012
Citation: 2012 MT 238N
Docket Number: DA 12-0157
O Connell et al. v. Bolen et al.
Date: October 23, 2012
Citation: 2012 MT 238N
Docket Number: DA 12-0157
N. Plains Res. Council, Inc. v. Bd. of Land Comm'rs  
Date: October 23, 2012
Citation: 2012 MT 234
Docket Number: DA 12-0184

Justia Opinion Summary: At issue on review in this case was whether the State Board of Land Commissioners properly issued leases to Ark Land Co., a subsidiary of Arch Coal, Inc., without first conducting environmental review under the Montana E...

Matter of D.M.M. YINC
Date: October 23, 2012
Citation: 2012 MT 237N
Docket Number: DA 12-0327
In re. the marriage of Swartz Bol
Date: October 22, 2012
Citation: 2012 MT 232N
Docket Number: DA 12-0142
Stindt v. Stindt
Date: October 22, 2012
Citation: 2012 MT 231
Docket Numbers: DA 12-0073, DA 12-0145
Stindt v. Stindt
Date: October 22, 2012
Citations: 2012 MT 231, 2012 MT 233N
Docket Numbers: DA 12-0073, DA 12-0145
In re D.B.  
Date: October 22, 2012
Citation: 2012 MT 231
Docket Number: DA 12-0145

Justia Opinion Summary: After the Department of Public Health and Human Services was given temporary legal custody of D.B., a youth in need of care, the Department developed a treatment plan for Father. Following twenty months of poor cooperati...

Parenting of M.M.G.  
Date: October 16, 2012
Citation: 2012 MT 228
Docket Number: DA 12-0125

Justia Opinion Summary: Gail and Ron Armstrong began raising M.M.G. when the child was approximately one year old. M.M.G.'s mother, Arrah Lane, began leaving M.M.G. with the Armstrongs for weeks at a time until M.M.G. lived primarily with the A...

Marriage of Cini
Date: October 16, 2012
Citation: 2012 MT 230N
Docket Number: DA 12-0149
Matter of N.H. YINC
Date: October 16, 2012
Citation: 2012 MT 229N
Docket Number: DA 12-0230
State v. Bobby Cooksey
Date: October 9, 2012
Citation: 2012 MT 226
Docket Number: DA 11-0165
State v. Cooksey  
Date: October 9, 2012
Citation: 2012 MT 226
Docket Number: DA 11-0165

Justia Opinion Summary: After a jury trial, Appellant Bobby Cooksey was convicted of deliberate homicide. The district court sentenced Appellant to a term of fifty years in prison with credit for time served. The Supreme Court affirmed, holding...

State v. Mitchell  
Date: October 9, 2012
Citation: 2012 MT 227
Docket Number: DA 11-0352

Justia Opinion Summary: Appellant appealed from his conviction in the district court of one count of felony aggravated assault. Appellant argued (1) his conviction should be reversed under the plain error doctrine because law enforcement failed...

Smith v. Barger
Date: October 9, 2012
Citation: 2012 MT 225N
Docket Number: DA 12-0027
In re D.B.J.  
Date: October 9, 2012
Citation: 2012 MT 220
Docket Number: DA 12-0069

Justia Opinion Summary: C.R., D.B.J.'s step-father and guardian, appealed the termination of his guardianship of D.B.J, who was adjudicated to be a youth in need of care. The Supreme Court affirmed, holding (1) the district court did not violat...

Marriage of Kellerman
Date: October 9, 2012
Citation: 2012 MT 223N
Docket Number: DA 12-0090
Hartsoe v. McNeil  
Date: October 9, 2012
Citation: 2012 MT 221
Docket Number: DA 12-0141

Justia Opinion Summary: Plaintiff filed an action against a district court judge, seeking damages for the judge's acts or omissions while presiding over a telephone pretrial conference in a civil action then pending before him. At all relevant...

Musselshell Ranch Co. v. Joukova  
Date: October 9, 2012
Citation: 2012 MT 222
Docket Number: DA 12-0151

Justia Opinion Summary: In this real property dispute about asserted easement rights, the district court ruled in favor of Defendant and in favor of Plaintiff on others. The court concluded neither party had "prevailed" as required by Mont. Cod...

Gary & Leo's Fresh Foods v. Dep't of Labor & Indus.  
Date: October 9, 2012
Citation: 2012 MT 219
Docket Number: DA 12-0158

Justia Opinion Summary: Employer terminated Employee's employment after receiving complaints regarding poor service and use of inappropriate language by Employee. The Department of Labor & Industry concluded Employee was not qualified for unemp...

Leonard Roberts v. State
Date: October 9, 2012
Citation: 2012 MT 224N
Docket Number: DA 12-0256
State v. Yeoman
Date: October 2, 2012
Citation: 2012 MT 218N
Docket Number: DA 12-0060
Axelson v. Harris
Date: October 2, 2012
Citation: 2012 MT 217N
Docket Number: DA 12-0114
Johnson Farms, Inc. v. Halland  
Date: October 2, 2012
Citation: 2012 MT 215
Docket Number: DA 12-0121

Justia Opinion Summary: Johnson Farms, Inc. and Floyd Johnson filed a complaint against Ethel Halland alleging (1) in her capacity as secretary of Johnson Farms, Inc., Ethel breached her fiduciary duties by diverting corporate funds to herself...

Clark v. Szegedy
Date: October 2, 2012
Citation: 2012 MT 216N
Docket Number: DA 12-0229
Marriage of Stapleton and Webb
Date: September 27, 2012
Citation: 2012 MT 214N
Docket Number: DA 11-0580
Turner v. Wells Fargo Bank, N.A.  
Date: September 25, 2012
Citation: 2012 MT 213
Docket Number: DA 11-0678

Justia Opinion Summary: James Turner and Julie Viers opened a line of credit with Wells Fargo Bank and granted Wells Fargo a deed of trust on property they owned as security for the line of credit. Later, John Turner, Christina Turner, and Sand...

In re Parenting of Wheeldon  
Date: September 25, 2012
Citation: 2012 MT 212
Docket Number: DA 12-0022

Justia Opinion Summary: Sarah Wheeldon petitioned for dissolution of her marriage to Corey Wheeldon on April 20, 2009. Following a bench trial, the district court issued findings of fact, conclusions of law, and a decree of dissolution that dis...

MEA-MFT et al. v. McCulloch
Date: September 25, 2012
Citation: 2012 MT 211
Docket Number: DA 12-0358
MEA-MFT v. McCulloch  
Date: September 25, 2012
Citation: 2012 MT 211
Docket Number: DA 12-0358

Justia Opinion Summary: LR-123 was enacted by the Montana Legislature in 2011. It proposed a vote in the November 2012 general election on whether to provide a tax credit and potential tax refund, or outright State payment, to individuals in ye...

Plaintiff v. Defendant
Date: September 18, 2012
Citation: 2012 MT 210N
Docket Number: DA 11-0411
State v. Meyer
Date: September 18, 2012
Citation: 2012 MT 209N
Docket Number: DA 11-0614
State v. Thompson  
Date: September 18, 2012
Citation: 2012 MT 208
Docket Number: DA 11-0743

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony partner or family member assault. The district court designated Defendant a persistent felony offender and committed him to the department of corrections (DOC) for th...

Somont Oil Co. v. King  
Date: September 18, 2012
Citation: 2012 MT 207
Docket Number: DA 11-0751

Justia Opinion Summary: After Employee made allegations about a fellow employee that Employer concluded were patently false, Employee was discharged. Employee applied to the Department of Labor and Industry Unemployment Insurance Division (UID)...

Gordon v. Kuzara  
Date: September 18, 2012
Citation: 2012 MT 206
Docket Number: DA 12-0116

Justia Opinion Summary: Plaintiffs filed suit seeking a judicial resolution of an LLC in which both Plaintiffs and Defendants held ownership interests. The district court ordered judicial dissolution and appointment of a receiver after finding...

Montana Cannabis v. Montana  
Date: September 11, 2012
Citation: 2012 MT 201
Docket Number: DA 11-0460

Justia Opinion Summary: The State appealed an order that preliminarily enjoined parts of the Montana Marijuana Act. Montana Cannabis Industry Association, Mark Matthews, Shirley Hamp, Shelly Yeager, Jane Doe, John Doe #1, John Doe #2, Michael G...

Discover Bank v. Lemieux
Date: September 11, 2012
Citation: 2012 MT 204N
Docket Number: DA 11-0636
Marriage of S.M.J. T.I.J.
Date: September 11, 2012
Citation: 2012 MT 202N
Docket Number: DA 11-0698
Lovaas v. State
Date: September 11, 2012
Citation: 2012 MT 205N
Docket Number: DA 12-0113
Sirucek v. State et al.
Date: September 11, 2012
Citation: 2012 MT 203N
Docket Number: DA 12-0152
Lewis v. 8th Judicial District  
Date: September 11, 2012
Citation: 2012 MT 200
Docket Number: OP 12-0401

Justia Opinion Summary: Petitioner Caryn Lewis asked the Supreme Court to issue a writ of supervisory control over the Eighth Judicial District Court in Cascade County Cause No. ADV 10-895. The District Court action arose from a 2003 motor vehi...

Pallister et al v. Blue Cross & Blue Shield of Montana  
Date: September 5, 2012
Citation: 2012 MT 198
Docket Number: DA 11-0431

Justia Opinion Summary: This case arose from claims asserted by multiple persons against Blue Cross and Blue Shield of Montana (BCBSMT) and Montana Comprehensive Health Association (MCHA). Claimants asserted that while they were fully insured b...

Rocky Mountain Bank-Klspl v. Culber
Date: September 5, 2012
Citation: 2012 MT 196N
Docket Number: DA 11-0530
Montana v. Otto  
Date: September 5, 2012
Citation: 2012 MT 199
Docket Number: DA 11-0582

Justia Opinion Summary: Chris Otto appealed a district court's order that denied his motion to dismiss his felony driving under the influence (DUI) charge. The issue on appeal was whether the district court correctly determined that Otto's thre...

Mtn. West Bank, NA v. Helena Christian School, Inc.  
Date: September 5, 2012
Citation: 2012 MT 194
Docket Number: DA 11-0691

Justia Opinion Summary: Mountain West Bank obtained a summary judgment against Helena Christian School and several individual defendants (HCS) following HCS’s default on loans from Mountain West. HCS appealed the decision of the Montana First J...

Varano v. Hicks  
Date: September 5, 2012
Citation: 2012 MT 195
Docket Number: DA 12-0031

Justia Opinion Summary: Michael Hicks appealed a district court's order awarding Anthony Varano damages of $616.33 in a dispute following a snowmobiling trip the two took together. Varano allowed Hicks to borrow his snowmobile. The parties disp...

Gerald Stiffam v. State
Date: September 5, 2012
Citation: 2012 MT 197N
Docket Number: DA 12-0083
Sanchez v. Montana  
Date: September 4, 2012
Citation: 2012 MT 191
Docket Number: DA 11-0458

Justia Opinion Summary: Appellant Raul Sanchez appealed a district court order that denied his amended petition for postconviction relief. The issue on appeal was whether the court erred in doing so. Appellant admitted to shooting his girlfrien...

Briese v. MPER Board  
Date: September 4, 2012
Citation: 2012 MT 192
Docket Number: DA 11-0725

Justia Opinion Summary: The Montana Public Employees' Retirement Board (MPERB) denied death benefits to Petitioner Erene Briese (Erene) because her deceased husband, who had originally named her as his beneficiary under the Montana Sheriffs’ Re...

Haffey v. State
Date: September 4, 2012
Citation: 2012 MT 193N
Docket Number: DA 12-0084
L. Schuster v. J. Schuster
Date: August 29, 2012
Citation: 2012 MT 189N
Docket Number: DA 12-0146
Cox v. Kobelt
Date: August 29, 2012
Citation: 2012 MT 190
Docket Number: DA 12-0150
City of Whitefish v. Jentile  
Date: August 28, 2012
Citation: 2012 MT 185
Docket Number: DA 11-0336

Justia Opinion Summary: Ralph Jentile appealed a district court decision that ordered him to pay for the repairs to two Whitefish Police Department patrol cars that collided with each other while pursuing Jentile. Jentile raised two issues on a...

City of Billings v. Edward  
Date: August 28, 2012
Citation: 2012 MT 186
Docket Number: DA 11-0338

Justia Opinion Summary: Darla Edward appealed a district court order that ordered her to pay restitution following a collision between her car and a bicyclist, and the ensuing court trial and sentencing. She raised four issues on appeal: (1) sh...

Dept. of Nat. Resources v. ABBCO et al.  
Date: August 28, 2012
Citation: 2012 MT 187
Docket Number: DA 11-0759

Justia Opinion Summary: Appellants Montana Department of Natural Resources and Montana Board of Land Commissioners (collectively, “the State”) appealed several portions of a district court's summary judgment order in the State’s quiet title act...

Matter of T.R.1 and T.R.2  
Date: August 28, 2012
Citation: 2012 MT 188N
Docket Number: DA 12-0098

Justia Opinion Summary: Birth mother N.S. (Mother) and birth father K.R. (Father) appealed a district court order that terminated their parental rights to their four-year-old twin daughters, T.R. 1 and T.R. 2. Mother also appealed the District...

L. Schuster v. J. Schuster
Date: August 28, 2012
Citation: 2012 MT 189N
Docket Number: DA 12-0146
L. Schuster v. J. Schuster
Date: August 28, 2012
Citation: 2012 MT 189N
Docket Number: DA 12-0146
L. Schuster v. J. Schuster
Date: August 28, 2012
Citation: 2012 MT 189N
Docket Number: DA 12-0146
Brilz v. Metropolitan General Ins.  
Date: August 21, 2012
Citation: 2012 MT 184
Docket Number: DA 11-0275

Justia Opinion Summary: Candice Brilz filed an action in Montana state court purportedly asserting statutory and common law bad-faith claims against Metropolitan General Insurance Company (Metropolitan). Metropolitan removed the action to feder...

Montana v. Paulsrud  
Date: August 21, 2012
Citation: 2012 MT 180
Docket Number: DA 11-0395

Justia Opinion Summary: A jury convicted Daniel John Paulsrud of deliberate homicide with a dangerous weapon in 2011. The district court sentenced Paulsrud to 110 years in the Montana State Prison without the possibility of parole. Paulsrud cha...

Malpeli v. Montana  
Date: August 21, 2012
Citation: 2012 MT 181
Docket Number: DA 11-0593

Justia Opinion Summary: Faith Malpeli brought an inverse condemnation action against the Montana Department of Transportation (MDT), seeking compensation for the alleged taking of her property as a result of the reconstruction of Montana Highwa...

Rosling v. Montana  
Date: August 21, 2012
Citation: 2012 MT 179
Docket Number: DA 11-0612

Justia Opinion Summary: A jury found Jared Rosling guilty of deliberate homicide, aggravated kidnapping, aggravated burglary, tampering with or fabricating physical evidence, and criminal possession of dangerous drugs on October 18, 2004. Attor...

Sees the Ground v. Montana  
Date: August 21, 2012
Citation: 2012 MT 183N
Docket Number: DA 11-0625

Justia Opinion Summary: Gordon Sees The Ground, Jr. appealed a district court's order that denied his petition for postconviction relief. In 2008, Sees The Ground was convicted of felony DUI after Billings police officers found him slumped over...

Gary A. Oram Jr. v. State of Monta
Date: August 21, 2012
Citation: 2012 MT 182N
Docket Number: DA 12-0154
Grant Creek Heights, Inc. v. Missoula Co.  
Date: August 15, 2012
Citation: 2012 MT 177
Docket Number: DA 09-0547

Justia Opinion Summary: Grant Creek Heights, Inc. and Kenneth R. Knie appealed a district court order that granted Missoula County’s third motion for summary judgment. Missoula County, Missoula County Commissioners, J. Fern Hart and Michael Ken...

Ballard et al v. Levens  
Date: August 15, 2012
Citation: 2012 MT 178N
Docket Number: DA 11-0760

Justia Opinion Summary: Al Ballard and Ecosafe Gold Recovery, LLC (Ballard), appealed a district court's order entered following the Supreme Court’s remand in the first appeal of the case. The Supreme Court reversed the entry of judgment in fa...

Montana v. Wing  
Date: August 14, 2012
Citation: 2012 MT 176
Docket Number: DA 11-0356

Justia Opinion Summary: Appellant Robert Arthur Wing appealed his conviction on felony driving while under the influence of alcohol (fourth or subsequent offense). Appellant argued at trial that he had not been driving on the day of his arrest,...

Matter of K.H. & K.M.  
Date: August 14, 2012
Citation: 2012 MT 175
Docket Number: DA 11-0758

Justia Opinion Summary: In 2011, the State filed identical Petitions for Emergency Protective Services, Adjudication of Youths in Need of Care, and for Temporary Legal Custody in two causes involving K.H. and K.M., the daughters of Appellee K.H...

Fellows v. Water Commissioner et al  
Date: August 10, 2012
Citation: 2012 MT 169
Docket Number: DA 11-0340

Justia Opinion Summary: Plaintiff-Appellant Charles Fellows appealed a district court's order that dismissed his complaint. Plaintiff owned a water right in Spring Creek. He claimed that the flow of the creek was for many years recharged by wat...

Montana v. Fox  
Date: August 10, 2012
Citation: 2012 MT 172
Docket Number: DA 11-0444

Justia Opinion Summary: In 2007, Defendant Ralph Fox was charged with two counts of felony sexual assault against minor females, CS (Count I) and HS (Count II). A federal grand jury handed down an indictment in the United States District Court...

Montana v. Corbino  
Date: August 10, 2012
Citation: 2012 MT 174N
Docket Number: DA 11-0517

Justia Opinion Summary: Defendant Laurie Kay Corbino appealed a district court's judgment and order of commitment. Defendant entered into a plea agreement wherein she pled guilty to felony burglary. Defendant admitted to entering the Lendmans’...

Giese v. Blixrud  
Date: August 10, 2012
Citation: 2012 MT 170
Docket Number: DA 11-0626

Justia Opinion Summary: This was a dispute over rights to use water from the Teton River in Montana. Giese, Kelly and Reichelt use water from the downstream portion of the Teton near Fort Benton, Montana. They claimed generally that they are d...

Clive Kinlock v. State
Date: August 10, 2012
Citation: 2012 MT 173N
Docket Number: DA 11-0639
Estate of Hannum  
Date: August 10, 2012
Citation: 2012 MT 171
Docket Number: DA 12-0003

Justia Opinion Summary: Louis G. Hannum, Jr. (Louis Jr.) appealed a district court's order removing him for cause as the personal representative of the estate of Louis G. Hannum, Sr. (Louis Sr.). Louis Sr. passed away in 2010, and was survived...

Montanans Opposed to I-166 v. Bullock  
Date: August 10, 2012
Citation: 2012 MT 168
Docket Number: OP 12-0439

Justia Opinion Summary: Petitioners brought an original proceeding to the Supreme Court to challenge the validity of Initiative 166. They requested the Court rule that the Attorney General and Secretary of State did not comply with their respon...

Ariegwe v. Montana  
Date: August 9, 2012
Citation: 2012 MT 166
Docket Number: DA 11-0477

Justia Opinion Summary: Defendant Kingsley Ariegwe appealed a district court's denial of his petition for postconviction relief. Defendant virtually met a fifteen-year-old female in an internet chat room. After chatting, the two telephone one a...

CBI Inc. v. McCrea  
Date: August 9, 2012
Citation: 2012 MT 167
Docket Number: DA 11-0708

Justia Opinion Summary: Pro se litigant Sharon McCrea appealed a district court's judgment that awarded over eight thousand dollars to CBM Collections, a Missoula collection agency. McCrea owned a business which had an outstanding credit card b...

Deer Lodge v. Chilcott et al.  
Date: August 3, 2012
Citation: 2012 MT 165
Docket Number: DA 11-0120

Justia Opinion Summary: Sherman Anderson and other concerned residents of the City of Deer Lodge (Anderson) appealed a district court order that denied their petition for a writ of mandamus. The issue in this case arose from the revocation of Z...

IN THE MATTER OF THE MONTANA RULES
Date: August 1, 2012
Citation: 2007 MT 334
Docket Number: AF 07-0157
IN RE THE RULES FOR ADMISSION TO TH
Date: July 31, 2012
Docket Number: AF 11-0244
Bomar v. Montana  
Date: July 31, 2012
Citation: 2012 MT 163
Docket Number: DA 11-0373

Justia Opinion Summary: Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure t...

Montana v. Stoner  
Date: July 31, 2012
Citation: 2012 MT 162
Docket Number: DA 11-0435

Justia Opinion Summary: Defendant Shawn Stoner appealed a district court's order to deny his motion to dismiss several marijuana charges against him. The sole issue on appeal was whether the District Court erred in denying Defendant's motion to...

Montana v. Sartain  
Date: July 31, 2012
Citation: 2012 MT 164
Docket Number: DA 11-0764

Justia Opinion Summary: Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure t...

IN THE MATTER OF THE RULES OF APPEL
Date: July 24, 2012
Citation: 2007 MT 334
Docket Number: AF 07-0016
Hood v. Hood  
Date: July 24, 2012
Citation: 2012 MT 158
Docket Number: DA 11-0136

Justia Opinion Summary: John Hood appealed a district court's decision to deny his motion to amend the parties' parenting plan. The parties had a "great deal" of difficulty working out a parenting and visitation plan though they lived n the sam...

Montana v. Lewis  
Date: July 24, 2012
Citation: 2012 MT 157
Docket Number: DA 11-0388

Justia Opinion Summary: Defendant Christopher Robin Lewis appealed a district court judgment that found him ineligible for parole. In 2010, Defendant was charged with aggravated assault for the abuse of his minor sons. Nothing in Defendant's pl...

Ford v. Sentry Casualty Co.  
Date: July 24, 2012
Citation: 2012 MT 156
Docket Number: DA 11-0427

Justia Opinion Summary: Richard Ford suffered a work-related injury to his neck. He was diagnosed with a cervical strain, and Sentry Casualty Company accepted liability and paid benefits for this injury. During Ford’s treatment, he underwent an...

Albert v. City of Billings  
Date: July 24, 2012
Citation: 2012 MT 159
Docket Number: DA 11-0597

Justia Opinion Summary: In July 2009, Charles Albert’s Billings, Montana home caught fire. Despite response by the City of Billings Fire Department, the house burned to the ground. Albert sued the City for negligence of the Billings Fire Depart...

Spear v. Montana  
Date: July 24, 2012
Citation: 1012 MT 161N
Docket Number: DA 12-0025

Justia Opinion Summary: Ober Spear appealed s district court order dismissing his wrongful discharge complaint. Spear had worked as a Montana Highway Patrol (MHP) trooper since 1958. He applied for permanent disability treatment in 1962. MHP pl...

Parrish v. Montana  
Date: July 24, 2012
Citation: 2012 MT 160N
Docket Number: DA 12-0093

Justia Opinion Summary: Defendant William Parrish appealed a district court's decision to deny him postconviction relief. Defendant was convicted in 2008 of criminal endangerment, and the Supreme Court affirmed on direct appeal. In his petition...

Montana v. Pirello  
Date: July 20, 2012
Citation: 2012 MT 155
Docket Number: DA 11-0480

Justia Opinion Summary: Appellant Buddy Wade Pirello appealed a district court order that denied his motion to dismiss one felony charge of criminal possession of dangerous drugs. Appellant argued that the pending charges should be dismissed on...

Kuszmaul v. Sterling Life  
Date: July 20, 2012
Citation: 2012 MT 154
Docket Number: DA 11-0500

Justia Opinion Summary: Plaintiff-Appellant Shaune Kuszmaul appealed a district court order that granted summary judgment to Sterling Life Insurance Company (Sterling) on her wrongful discharge claim. Plaintiff worked as an outside sales agent...

Montana v. Briscoe  
Date: July 18, 2012
Citation: 2012 MT 152
Docket Number: DA 11-0285

Justia Opinion Summary: Defendant John Gordon Briscoe appealed his conviction for assault with a weapon. On appeal, Defendant contended the district court miscalculated his sentence based on a finding of lack of remorse, which he maintained was...

Michael J. Anderson v. State 
Date: July 18, 2012
Citation: 2012 MT 153N
Docket Number: DA 12-0109
Rooney v. City of Cut Bank  
Date: July 10, 2012
Citation: 2012 MT 149
Docket Number: DA 11-0344

Justia Opinion Summary: The district court entered judgment for the City of Cut Bank on Petitioner Arthur F. Rooney's complaint that he was wrongfully terminated from employment as a City police officer. Petitioner appealed the court's decision...

Rooney v. City of Cut Bank  
Date: July 10, 2012
Docket Number: DA 11-0344

Justia Opinion Summary: Plaintiff Arthur Rooney appealed a district court's order in favor of Defendant City of Cut Bank in his wrongful termination suit. Plaintiff appealed the court's decision that his termination did not violate Montana's Wr...

Montana v. Adams  
Date: July 10, 2012
Citation: 2012 MT 151N
Docket Number: DA 11-0482

Justia Opinion Summary: Defendant Scott Adams was charged in three separate proceedings in Ravalli County: (1) felony operating a motor vehicle with an alcohol concentration of 0.08 or more, fourth or subsequent offense, and a related misdemean...

In re R.T. a Minor  
Date: July 10, 2012
Citation: 2012 MT 148N
Docket Number: DA 12-0019

Justia Opinion Summary: R.T. was born in 2009; his mother was killed in a car accident a year later. R.T.'s biological father was a minor at the time of the mother's death, and was living in a halfway house. R.T.'s maternal grandfather petition...

Dilley v. City of Missoula  
Date: July 10, 2012
Citation: 2012 MT 150N
Docket Number: DA 12-0072

Justia Opinion Summary: Plaintiff-Appellant John Dilley appealed the grant of summary judgment in favor of Defendant-Appellee City of Missoula. The district court concluded the City acted within its legal authority when it purchased the Missoul...

BNSF Railway Co. v. Cringle  
Date: July 6, 2012
Citation: 2012 MT 143
Docket Number: DA 11-0404

Justia Opinion Summary: Respondent-Appellant Chad Cringle appealed a district court order that remanded his case to the Montana Human Rights Commission for further proceedings in his discrimination complaint against Petitioner-Appellee BNSF Rai...

Medical Marijuana Growers Association, Inc. v. Corrigan  
Date: July 6, 2012
Citation: 2012 MT 146
Docket Number: DA 11-0475

Justia Opinion Summary: The Medical Marijuana Growers Association, Inc., Courier 1, Courier 2, Caregiver 1, Caregiver 2, and Caregiver 3 (collectively referred to as Plaintiffs) appealed an Order and Rationale on Defendant’s Motion for Summary...

Robison v. Dept. of Revenue  
Date: July 6, 2012
Citations: 2012 MT 145, 2102 MT 145
Docket Number: DA 11-0672

Justia Opinion Summary: Petitioner Dustin Robison appealed a district court order which reversed the findings of the State Tax Appeals Board (STAB) and reinstated the findings of the Montana Department of Revenue (DOR). This case concerned whet...

BNSF Railway Co. v. Feit  
Date: July 6, 2012
Citation: 2012 MT 147
Docket Number: OP 11-0463

Justia Opinion Summary: The United States District Court for the District of Montana, Helena Division certified the following question to this Court: "Is obesity that is not the symptom of a physiological condition a 'physical or mental impairm...

Redding v. Montana 1st Jud. Distric
Date: July 6, 2012
Citations: 2012 MT 144, 2012 MT 144A
Docket Number: OP 11-0558
Redding v. Montana 1st Jud. District  
Date: July 6, 2012
Citation: 2012 MT 144
Docket Number: OP 11-0558

Justia Opinion Summary: Petitioner Billie L. Redding asked the Supreme Court to exercise supervisory control over the First Judicial District Court, Lewis and Clark County, and to conclude it was error for the District Court to grant partial su...

IN RE THE RULES FOR ADMISSION TO TH
Date: July 3, 2012
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: July 3, 2012
Docket Number: AF 11-0244
Marriage of Johnson  
Date: July 3, 2012
Citation: 2012 MT 140N
Docket Number: DA 11-0192

Justia Opinion Summary: Mary and David W. Johnson were married on June 12, 1993. In May 2003, David filed a petition for dissolution and in June 2003 the parties entered a Settlement Agreement, which distributed the marital estate. Mary was ser...

Plaintiff v. Defendant  
Date: July 3, 2012
Citation: 2012 MT 139N
Docket Number: DA 11-0655

Justia Opinion Summary: Defendant-Appellant Robert Shipley appealed a district court order which granted summary judgment in favor of Plaintiff-Appellee BNSF Railway Company. BNSF leased commercial property in Miles City, Montana, to Shipley. T...

Gopher v. 20th Judicial District Co
Date: July 3, 2012
Citation: 2012 MT 141N
Docket Number: DA 12-0018
Clark v. Martin  
Date: July 3, 2012
Citation: 2012 MT 142N
Docket Number: DA 12-0045

Justia Opinion Summary: Appellants James J. and Linda L. Clark appealed a district court order that approved the filing of an amended certificate of survey, approved a settled agreement, and required each party to pay one-half of the fees and c...

Petersen v. Montana  
Date: July 2, 2012
Citation: 2012 MT 138N
Docket Number: DA 11-0403

Justia Opinion Summary: Pro se Defendant Ronald Petersen appealed a district court order that denied his petition for post-conviction relief and his motion to suppress his confession. In January 2009, Defendant pled guilty to Deliberate Homicid...

COURTS OF LIMITED JURISDICTION - Ru
Date: June 26, 2012
Docket Number: AF 12-0374
State v. Evans
Date: June 26, 2012
Citation: 2012 MT 115
Docket Number: DA 11-0315
Montana v. Evans  
Date: June 26, 2012
Citations: 2012 MT 115, 2012 MT 115A
Docket Number: DA 11-0315

Justia Opinion Summary: Defendant Thomas Evans appealed the revocation of his suspended sentence. In 2003, Defendant pled guilty to issuing bad checks for which he was sentenced to a five-year commitment to the Department of Corrections. Defend...

Marriage of Lloyd  
Date: June 26, 2012
Citation: 2012 MT 136N
Docket Number: DA 11-0567

Justia Opinion Summary: Davie Lin Lloyd (Davie) appealed a Parenting Plan Order entered by the district court. Davie and Brett Camaron Lloyd (Brett) were married in 1997, and are the parents of one minor child, M.K.L. In 2004, the district cour...

Mtn. West v. Glacier Kitchens, Inc.  
Date: June 26, 2012
Citation: 2012 MT 132
Docket Number: DA 11-0700

Justia Opinion Summary: Glacier Kitchens, Inc., CR Weaver Trust, and the Estate of Grace Weaver (collectively "Defendants") appealed the denial of their motion to set aside the default judgments issued against them in district court. Weaver fil...

Sheila Callahan & Friends, Inc. v. Montana  
Date: June 26, 2012
Citation: 2012 MT 133
Docket Number: DA 11-0728

Justia Opinion Summary: The State Department of Labor and Industry appealed a district court's order that reversed the Department's decision regarding Petitioner Sheila Callahan & Friends, Inc. (SC&F). SC&F, a radio broadcasting company entered...

Marriage of King  
Date: June 26, 2012
Citation: 2012 MT 135N
Docket Number: DA 11-0732

Justia Opinion Summary: The district court entered a decree in 2011 dissolving the marriage of Petitioner Aylynn King (Aly) and Joseph King (Joe) and establishing a parenting plan with respect to their two-and-a-half-year-old child, B.K. Aly ch...

Matter of C.J.M. and A.J.M.  
Date: June 26, 2012
Citation: 2012 MT 137
Docket Number: DA 12-0047

Justia Opinion Summary: I.M. (Father) appealed a district court order that terminated his parental rights to his children A.J.M (daughter) and C.J.M. (son). The children's biological mother already had her parental rights to terminated. The Dep...

Blodgett v. Missoula JP Court  
Date: June 26, 2012
Citation: 2012 MT 134
Docket Number: OP 12-0182

Justia Opinion Summary: Petitioner Emily Blodgett petitioned the Supreme Court for a Writ of Supervisory Control alleging that the Missoula County Justice Court violated sections 3-10-231 through -234, MCA; Article VII Sections 1 and 5 of the M...

State v. Davis  
Date: June 19, 2012
Citation: 2012 MT 129
Docket Number: DA 11-0446

Justia Opinion Summary: Appellant James Davis appealed from his conviction of one count of criminal distribution of dangerous drugs by accountability, claiming that the State presented insufficient evidence to prove beyond a reasonable doubt th...

Miller v. State  
Date: June 19, 2012
Citation: 2012 MT 131
Docket Number: DA 11-0493

Justia Opinion Summary: Appellant Michael Miller was convicted of the deliberate homicide after a jury trial. The Supreme Court affirmed his conviction. Miller subsequently filed a petition for postconviction relief, alleging his trial counsel...

Mont. Wildlife Fed'n v. Bd. of Oil & Gas Conservation  
Date: June 19, 2012
Citation: 2012 MT 128
Docket Number: DA 11-0537

Justia Opinion Summary: At issue in this case was the Montana Board of Oil & Gas Conservation's (MBOGC) issuance of twenty-three gas well permits to Fidelity Exploration and Production Company in the area known as the Cedar Creek Anticline (CCA...

Spreadbury v. Bell City Hamilton
Date: June 19, 2012
Citation: 2012 MT 130N
Docket Number: DA 11-0731
Bledsoe v. Dist. Court  
Date: June 19, 2012
Citations: 2012 MT 106, 2012 MT 106A
Docket Number: OP 11-0741

Justia Opinion Summary: This matter involved two cases, one involving two youths who appeared in youth court for detention hearings and one involving an adult who pled guilty to driving under the influence in justice court. After appearing in d...

State v. Leyva  
Date: June 12, 2012
Citation: 2012 MT 124
Docket Number: DA 11-0414

Justia Opinion Summary: The State charged Anthony Leyva with sexual intercourse without consent. Pursuant to a plea agreement, the State dismissed the charge and filed an amended information charging Leyva with burglary by remaining unlawfully...

Lufborough v. State
Date: June 12, 2012
Citation: 2012 MT 126N
Docket Number: DA 11-0648
Robertson v. Steele et al.
Date: June 12, 2012
Citation: 2012 MT 127N
Docket Number: DA 11-0702
Davis v. Hall  
Date: June 12, 2012
Citation: 2012 MT 125
Docket Number: DA 11-0746

Justia Opinion Summary: The district court determined that Plaintiffs Nigel and Jami Davis held an easement over the properties of Defendants, four property owners, and that the Davises could use the easement for the purpose of accessing their...

Kaufman Bros. v. Home Value Stores, Inc.  
Date: June 5, 2012
Citation: 2012 MT 121
Docket Number: DA 11-0595

Justia Opinion Summary: Defendant entered into a contract for deed for the sale and purchase of Plaintiffs' building. After Defendant discontinued making payments and failed to pay property taxes as required by the contract, Plaintiffs obtained...

City of Great Falls v. Tracy
Date: June 5, 2012
Citation: 2012 MT 123N
Docket Number: DA 11-0652
Ommundson v. State
Date: June 5, 2012
Citation: 2012 MT 122N
Docket Number: DA 11-0703
State v. Hauer  
Date: June 1, 2012
Citation: 2012 MT 120
Docket Number: DA 11-0030

Justia Opinion Summary: After a jury trial, Defendant Cale Hauer was convicted of unlawful restraint, assault with a weapon, partner or family member assault, and aggravated assault. Hauser was sentenced to eighteen months' incarceration and fo...

State v. Evans  
Date: May 29, 2012
Citation: 2012 MT 115
Docket Number: DA 11-0315

Justia Opinion Summary: Thomas Evans pleaded guilty to felony issuance of bad checks and received a suspended sentence. Evans was subsequently charged with misdemeanor partner or family member assault. As a result, the district court revoked Ev...

In re Marriage of Lewton  
Date: May 29, 2012
Citation: 2012 MT 114
Docket Number: DA 11-0321

Justia Opinion Summary: Appellee Dawn Lewton filed a petition for separation in the district court from Appellant John Lewton. The petition for separation was converted into a petition for dissolution. Following a trial, the district court dist...

In Re the Marriage of Lewton
Date: May 29, 2012
Citation: 2012 MT 114
Docket Number: DA 11-0321
Parish v. United Financial Casualty
Date: May 29, 2012
Citation: 2012 MT 116
Docket Number: DA 11-0488
Parish v. Morris  
Date: May 29, 2012
Citation: 2012 MT 116
Docket Number: DA 11-0488

Justia Opinion Summary: Cassadie and Chris Parish were injured in a motor vehicle accident when their vehicle was struck by an uninsured driver. United Financial Casualty Insurance Company (UFC) provided insurance coverage to the Parishes, incl...

Weller v. State
Date: May 29, 2012
Citation: 2012 MT 117N
Docket Number: DA 11-0587
State v. Cleary  
Date: May 29, 2012
Citation: 2012 MT 113
Docket Number: DA 11-0650

Justia Opinion Summary: While driving his motorcycle, William Cleary struck a deer. Cleary was transported to the hospital, where a consensual blood alcohol content test revealed a BAC of .18. The State filed an information charging Cleary with...

In re Kincaid Gift Trust  
Date: May 29, 2012
Citation: 2012 MT 119
Docket Number: DA 11-0695

Justia Opinion Summary: In 1976 Cecilia Kincaid Bates, grantor, and co-trustees George Kincaid and Richard Peterson entered into a trust agreement establishing the Cecilia Kincaid Gift Trust for George. George was Cecilia's son and died in 2009...

State v. Heather Erin Wylie
Date: May 29, 2012
Citation: 2012 MT 118N
Docket Number: DA 11-0726
State v. Kruse
Date: May 22, 2012
Citation: 2012 MT 112N
Docket Number: DA 11-0512
Reichert v. State  
Date: May 18, 2012
Citation: 2012 MT 111
Docket Number: DA 12-0187

Justia Opinion Summary: The Montana Legislature enacted Senate Bill 268 (SB 268), which submitted to the electorate the question whether certain statutory changes should be made regarding the election of justices to the Montana Supreme Court. S...

A.C. v. Judicial Dist. Court  
Date: May 16, 2012
Citation: 2012 MT 110
Docket Number: OP 12-0155

Justia Opinion Summary: The child abuse and neglect proceedings (DN cases) at issue here commenced with the filing of a petition for emergency protective services, adjudication as youth in need of care and temporary legal custody. Parent was se...

Estate of Du Lac
Date: May 15, 2012
Citation: 2012 MT 107N
Docket Number: DA 11-0320
Jonas v. Jonas
Date: May 15, 2012
Citation: 2012 MT 109N
Docket Number: DA 11-0423
Krutzenacker v. Davis Surveying, Inc.  
Date: May 15, 2012
Citation: 2012 MT 105
Docket Number: DA 11-0440

Justia Opinion Summary: Appellees, Kristine Kittleson and James Kurtzenacker, purchased property pursuant to a warranty deed that referenced surveys conducted by Davis Surveying. Appellants, Davis Surveying and Kenneth Davis claimed they had no...

Matter of M.W.G. and C.R.G.
Date: May 15, 2012
Citations: 2012 MT 106N, 2012 MT 108N
Docket Number: DA 11-0674
Bledsoe v. Judicial Dist. Court  
Date: May 15, 2012
Citation: 2012 MT 108N
Docket Number: OP 11-0741

Justia Opinion Summary: At issue in these two consolidated appeals was whether the district court properly calculated the time period in which to file a motion for substitution of district judge in youth court and on an appeal from justice cour...

State v. Johnson  
Date: May 8, 2012
Citation: 2012 MT 101
Docket Number: DA 11-0544

Justia Opinion Summary: Tristeana Johnson was found guilty of the charge of criminal possession of marijuana, a misdemeanor. Johnson appealed the court's order denying her motion to dismiss the charge of criminal possession of marijuana and the...

Burns v. State  
Date: May 8, 2012
Citation: 2012 MT 100
Docket Number: DA 11-0577

Justia Opinion Summary: Appellant Daniel Burns pleaded guilty to one felony count of sexual abuse of children. The Supreme Court remanded for the purpose of striking a portion of the district court's restitution order. Burns subsequently filed...

State v. Hussar
Date: May 8, 2012
Citation: 2012 MT 104N
Docket Number: DA 11-0633
Nielson v. Hornsteiner  
Date: May 8, 2012
Citation: 2012 MT 102
Docket Number: DA 11-0668

Justia Opinion Summary: Jennifer and Elo Nielsen commenced an action against Andreas Hornsteiner seeking injunctive relief and damages for actions Hornsteiner took that allegedly interfered with the Nielsens' use of their easement. Horsteiner f...

Matter of E.S. YINC
Date: May 8, 2012
Citation: 2012 MT 103N
Docket Number: DA 11-0727
State v. Trier  
Date: May 4, 2012
Citation: 2012 MT 99
Docket Number: DA 11-0641

Justia Opinion Summary: Trent Trier was charged with operating a motor vehicle with an alcohol concentration of 0.08 percent BAC or greater. The justice court explained that upon demand of a jury trial, the final pretrial conference required th...

Boude v. Union Pac. R.R. Co.  
Date: May 2, 2012
Citation: 2012 MT 98
Docket Number: DA 11-0412

Justia Opinion Summary: On August 9, 2007, Philip Boude filed a Federal Employers' Liability Act claim against his employer, Union Pacific Railroad Company, asserting that he experienced a work-related injury on July 29, 2006 due to the Railroa...

State v. Hardman  
Date: May 1, 2012
Citations: 2012 MT 70, 2012 MT 70A
Docket Number: DA 11-0044

Justia Opinion Summary: Jeffrey Hardman was found guilty by a jury of deliberate homicide and tampering with the evidence. The district court sentenced Hardman to 110 years in prison with no parole eligibility for thirty years. Hardman appealed...

State v. Moore  
Date: May 1, 2012
Citation: 2012 MT 95
Docket Number: DA 11-0284

Justia Opinion Summary: A jury convicted George Moore of felony driving under the influence of alcohol or drugs. The district court sentenced Moore to thirteen months' incarceration followed by a suspended commitment to the department of correc...

State v. Burns  
Date: May 1, 2012
Citation: 2012 MT 97
Docket Number: DA 11-0570

Justia Opinion Summary: After Brandon Burns was charged with felony DUI, Burns entered into a non-binding plea agreement with the State requiring the State to recommend a fifteen year prison sentence with five years suspended. The plea agreemen...

Ward v. Johnson  
Date: May 1, 2012
Citation: 2012 MT 96
Docket Number: DA 11-0615

Justia Opinion Summary: Appellant Marla Ward filed suit seeking damages for personal injuries she sustained as she was sorting horses on Appellee Paul Johnson's property. Johnson resided in Pondera County. Johnson filed a motion to change venue...

Lewis Thorp v. State
Date: April 24, 2012
Citation: 2012 MT 92N
Docket Number: DA 11-0345
Loi v. Feeley  
Date: April 24, 2012
Citation: 2012 MT 91
Docket Number: DA 11-0489

Justia Opinion Summary: Prior to the marriage of Todd Feeley and Anne Nang Loi, Anne inherited or was gifted money from the sale of her family's business. Anne filed for dissoluion of the parties' marriage in 2009. At trial, Anne alleged that a...

Arlington v. Miller's Trucking, Inc.  
Date: April 24, 2012
Citation: 2012 MT 89
Docket Number: DA 11-0556

Justia Opinion Summary: Oliver Arlington was employed by Miller's Trucking as a log truck driver and loader operator pursuant to an oral employment agreement. For his work, Miller's paid Arlington twenty-five percent of the "load rate" as calcu...

Loken Builders v. Boyce
Date: April 24, 2012
Citation: 2012 MT 93N
Docket Number: DA 11-0575
Wendlandt v. Johnson  
Date: April 24, 2012
Citation: 2012 MT 90
Docket Number: DA 11-0620

Justia Opinion Summary: After Michael Johnson and Laura Wendlandt divorced, the couple's child, P.J., lived with Laura. Montana Child Protective Services later began investigating allegations that Michael sexually abused P.J. Laura filed an ex...

State vs. Smith
Date: April 24, 2012
Citation: 2012 MT 94N
Docket Number: DA 11-0682
Olsen v. Milner  
Date: April 23, 2012
Citation: 2012 MT 88
Docket Number: DA 11-0464

Justia Opinion Summary: This appeal arose from a dispute between two neighboring property owners regarding a workshop addition to the home of Appellants, Neil and Seth Milner (Milner). The addition violated the city's setback requirement, and A...

State v. Green
Date: April 19, 2012
Citation: 2012 MT 87
Docket Number: DA 11-0586
State v. Green
Date: April 19, 2012
Citation: 2012 MT 87
Docket Number: DA 11-0586
State v. Green  
Date: April 19, 2012
Docket Number: DA 11-0586

Justia Opinion Summary: David Green pled guilty to felony aggravated assault and was sentenced to twenty years, with fifteen years suspended upon conditions. The conditions included the requirement that Green not use or possess illegal drugs. D...

State v. Burgad
Date: April 17, 2012
Citation: 2012 MT 85N
Docket Number: DA 11-0155
St. Germain v. State  
Date: April 17, 2012
Citation: 2012 MT 86
Docket Number: DA 11-0241

Justia Opinion Summary: A jury unanimously found Defendant Joel St. Germain guilty of four counts of incest and four counts of sexual intercourse without consent for sexually abusing his stepdaughter. The Supreme Court affirmed Defendant's conv...

State v. Melton  
Date: April 17, 2012
Citation: 2012 MT 84
Docket Number: DA 11-0376

Justia Opinion Summary: Pursuant to a plea agreement, Richard Melton pleaded guilty of failing to comply with the Sexual or Violent Offender Registration Act. The district court committed Melton to the Department of Corrections for two years, a...

Kraft v. High Country Motors Inc.  
Date: April 17, 2012
Citation: 2012 MT 83
Docket Number: DA 11-0473

Justia Opinion Summary: After a dispute over the purchase of a motor coach, Plaintiff brought suit against Defendants, a used car salesman, a used car dealership, and a bank, asserting claims of, inter alia, breach of contract, fraud, and negli...

Town of Manhattan v. Dep't of Natural Res. & Conservation  
Date: April 17, 2012
Citation: 2012 MT 81
Docket Number: DA 11-0545

Justia Opinion Summary: The Town filed an application with the Montana Department of Natural Resources and Conservation (DNRC) seeking approval for proposed changes to its municipal well water rights. The DNRC notified the Town that its applica...

Krajacich v. Great Falls Clinic, LLP  
Date: April 17, 2012
Citation: 2012 MT 82
Docket Number: DA 11-0621

Justia Opinion Summary: Appellants, three licensed clinic psychologists, were former partners of Great Falls Clinic, LLP, a general limited liability partnership comprised of medical professionals. The Clinic partners, including Appellants, sig...

State v. Labbe  
Date: April 10, 2012
Citation: 2012 MT 76
Docket Number: DA 11-0050

Justia Opinion Summary: After a jury trial, Roger Labbe was convicted of partner or family partner assault. Labbe appealed, contending that the district court erred by (1) denying his motion to suppress statements he made to police outside his...

Marriage of Kelleher
Date: April 10, 2012
Citation: 2012 MT 80N
Docket Number: DA 11-0237
Marriage of Kelleher
Date: April 10, 2012
Citation: 2012 MT 80N
Docket Number: DA 11-0237
Hurly v. Lake Cabin Dev., LLC  
Date: April 10, 2012
Citation: 2012 MT 77
Docket Number: DA 11-0420

Justia Opinion Summary: Lake Cabin Development entered into two separate written agreements with the Robert Hurly and John Hurly families to purchase their respective properties. Pursuant to an agreement, Lake Cabin provided Robert Hurly with a...

Cascade Dev., Inc. v. City of Bozeman  
Date: April 10, 2012
Citation: 2012 MT 79
Docket Number: DA 11-0474

Justia Opinion Summary: A dispute arose between Cascade Development, Inc. and the City of Bozeman. On December 7, 2007, Cascade filed a complaint alleging various claims against Bozeman. A summons and complaint were issued by the clerk's office...

Progressive Direct Ins. Co. v. Stuivenga  
Date: April 10, 2012
Citation: 2012 MT 75
Docket Number: DA 11-0520

Justia Opinion Summary: Casey Stuivnga and Britni Evans were injured in a single-vehicle accident. The vehicle was owned by Stuivenga. Both Stuivenga and Evans claimed the other person was driving and was liable to the other for their injuries....

Matter of S.S.
Date: April 10, 2012
Citation: 2012 MT 78
Docket Number: DA 11-0664
In re S.S.  
Date: April 10, 2012
Citation: 2012 MT 78
Docket Number: DA 11-0664

Justia Opinion Summary: The State removed two minor children from Mother's care and began abuse and neglect proceedings against Mother. The children were later adjudicated to be youths in need of care. After a dispositional hearing, the distric...

Blackmore v. Dunster  
Date: April 3, 2012
Citation: 2012 MT 74
Docket Number: DA 11-0438

Justia Opinion Summary: Tina Blackmore filed a complaint against Marvin Dunster alleging damages arising from an assault and unlawful restraint. The district court entered a judgment against Dunster. Dunster subsequently filed an unrelated pers...

Plebst v. State
Date: April 3, 2012
Citation: 2012 MT 73N
Docket Number: DA 11-0516
DeVoe v. City of Missoula  
Date: April 3, 2012
Citation: 2012 MT 72
Docket Number: DA 11-0565

Justia Opinion Summary: Clayton DeVoe applied for a building permit for a large storage building to be located on a lot in an area zoned for single-family residences. The City of Missoula issued a building permit pursuant to applicable zoning r...

State v. Hardman  
Date: April 2, 2012
Citation: 2012 MT 70
Docket Number: DA 11-0044

Justia Opinion Summary: Jeffrey Hardman was found guilty by a jury of deliberate homicide and tampering with evidence. The district court sentenced Hardman to 110 years in prison with no parole eligibility for thirty years. Hardman appealed his...

Marriage of Falcone
Date: April 2, 2012
Citation: 2012 MT 71N
Docket Number: DA 11-0454
State v. Kirn  
Date: March 27, 2012
Citation: 2012 MT 69
Docket Number: DA 11-0283

Justia Opinion Summary: Douglas Kirn was charged with two felony counts of assault on a police officer by causing reasonable apprehension of serious bodily injury by use of a weapon. The matter proceeded to a jury trial, and Kirn was convicted....

Kichnet v. Butte-Silver Bow County  
Date: March 22, 2012
Citation: 2012 MT 68
Docket Number: DA 11-0445

Justia Opinion Summary: Kevin Kichnet was babysitting his young nieces when he met three-year-old Eternity after the Head Start bus dropped her off after school. Kichnet was allegedly holding her hand as they crossed the street when Eternity co...

Mont. State Fund v. Grande  
Date: March 20, 2012
Citation: 2012 MT 67
Docket Number: DA 11-0492

Justia Opinion Summary: Employee, a truck driver, resigned from his employment with Employer after he developed arthritis. Employee later filed an occupational disease claim, which the Montana State Fund (MSF) denied. The Workers' Compensation...

Muller v. Dep't of Justice  
Date: March 20, 2012
Citation: 2012 MT 66
Docket Number: DA 11-0528

Justia Opinion Summary: After receiving reports of an erratic driver, a deputy sheriff approached the driver of a truck matching the report's description and asked the driver, William Muller, to perform a field sobriety test and to take a preli...

State v. Anders  
Date: March 13, 2012
Docket Number: DA 11-0304

Justia Opinion Summary: Defendant Michell Anders was found unconscious and lying face down on the floor of a movie store. After several police officers and EMTs arrived on the scene and were unsuccessful at reviving Anders, one of the officers...

Nordwick v. Fernandez
Date: March 13, 2012
Citation: 2012 MT 60N
Docket Number: DA 11-0334
Nordwick v. Fernandez
Date: March 13, 2012
Citation: 2012 MT 60N
Docket Number: DA 11-0334
Kendall v. Stambaugh
Date: March 13, 2012
Citation: 2012 MT 64N
Docket Number: DA 11-0426
Schwandt v. State
Date: March 13, 2012
Citation: 2012 MT 58N
Docket Number: DA 11-0448
Schwandt v. State
Date: March 13, 2012
Citation: 2012 MT 58N
Docket Number: DA 11-0448
Jeffrey Rapp v. Schlauch Bottcher C
Date: March 13, 2012
Citation: 2012 MT 59N
Docket Number: DA 11-0449
LaPlante v. Town Pump
Date: March 13, 2012
Citation: 2012 MT 63
Docket Number: DA 11-0486
LaPlante v. Town Pump, Inc.  
Date: March 13, 2012
Citation: 2012 MT 63
Docket Number: DA 11-0486

Justia Opinion Summary: Judith LaPlante filed an action in tribal court against Town Pump, Inc. and Major Brands Distributing Imports, Inc. (collectively, Defendants). The case was eventually dismissed by the Ninth Circuit, which ruled that the...

Matter of A.H.
Date: March 13, 2012
Citation: 2012 MT 65N
Docket Number: DA 11-0588
Am. Zurich Ins. v. Dist. Court  
Date: March 13, 2012
Citation: 2012 MT 61
Docket Number: OP 11-0526

Justia Opinion Summary: Employee filed a workers' compensation claim against Employer. Employer's Insurer accepted liability for Employee's claim. Insurer contracted with third-party Adjuster to provide services for Employee's claim. Employee a...

State v. Weer
Date: March 7, 2012
Citation: 2012 MT 57N
Docket Number: DA 11-0261
Koemans v. Durgerians
Date: March 7, 2012
Citation: 2012 MT 54N
Docket Number: DA 11-0274
Ulrigg v. State
Date: March 7, 2012
Citation: 2012 MT 56N
Docket Number: DA 11-0418
Rose v. State et al
Date: March 7, 2012
Citation: 2012 MT 55N
Docket Number: DA 11-0419
State v. DeAvila
Date: March 7, 2012
Citation: 2012 MT 53N
Docket Number: DA 11-0479
Newman v. Lichfield  
Date: March 6, 2012
Citation: 2012 MT 47
Docket Number: DA 10-0548

Justia Opinion Summary: Judith Newman (Newman), mother and personal representative of the estate of Karlye Newman (Karlye), appealed from certain pretrial and trial rulings made in the district court concerning the suicidal death of Karlye whil...

State v. Ellison  
Date: March 6, 2012
Citation: 2012 MT 50
Docket Number: DA 11-0149

Justia Opinion Summary: Lionel Ellison was convicted in the county justice court of misdemeanor party or family member assault. He appealed the conviction to the district court. Ellison subsequently appealed from an order of the district court...

State v. Lacey  
Date: March 6, 2012
Citation: 2012 MT 52
Docket Number: DA 11-0193

Justia Opinion Summary: John Lacey was convicted in district court for sexual intercourse without consent based on his sexual intercourse with a minor while the minor was either asleep or intoxicated. The Supreme Court affirmed, holding (1) the...

H & H Dev., LLC v. Ramlow  
Date: March 6, 2012
Citation: 2012 MT 51
Docket Number: DA 11-0236

Justia Opinion Summary: H&H Development, LLC hired Jim Ramlow for legal services. In 2007, H&H filed a pro se complaint in Lake County against Ramlow and his law firm for professional negligence. Eleven days later, H&H, through counsel, filed a...

State v. Bollman  
Date: March 6, 2012
Citation: 2012 MT 49
Docket Number: DA 11-0374

Justia Opinion Summary: Before being arrested for DUI, Richard Bollman underwent the horizontal gaze nystagmus (HGN) test. Bollman was subsequently convicted of his fifth DUI offense, a felony, after a jury trial. The Supreme Court affirmed the...

Pederson v. Rocky Mountain Bank  
Date: March 6, 2012
Citation: 2012 MT 48
Docket Number: DA 11-0521

Justia Opinion Summary: In 2007, Scottie and Dawn Pederson (the Pedersons) and Rocky Mountain Bank (the Bank) entered into a construction loan agreement pursuant to which the Bank agreed to lend the Pedersons several thousand dollars. In 2008,...

In re Marriage of Puccinelli  
Date: February 29, 2012
Citation: 2012 MT 46
Docket Number: DA 11-0329

Justia Opinion Summary: Husband and Wife filed for divorce. During the dissolution proceeding, a guardian ad litem (GAL), who was appointed for the parties' two daughters, recommended co-parenting with equal visitation by both parents. At the f...

In re M.W.  
Date: February 28, 2012
Citation: 2012 MT 44
Docket Number: DA 10-0547

Justia Opinion Summary: M.W., a juvenile who admitted that he committed sexual assault, was adjudged as delinquent and placed on probation until the age of eighteen, subject to numerous conditions. After M.W. was unsuccessfully discharged from...

In re Marriage of Whyte  
Date: February 28, 2012
Citation: 2012 MT 45
Docket Number: DA 11-0379

Justia Opinion Summary: Husband and Wife divorced in 2003. A final parenting plan was incorporated into their divorce decree allocating parenting time in regard to Child. In 2011, Wife filed a motion to amend the parenting plan. The district co...

Patterson v. Johnson
Date: February 24, 2012
Citation: 2012 MT 43
Docket Number: DA 11-0049
Patterson Enters., Inc. v. Johnson  
Date: February 24, 2012
Citation: 2012 MT 43
Docket Number: DA 11-0049

Justia Opinion Summary: Patterson Enterprises hired Archie Johnson Contracting (AJC) to perform blasting on a road construction project. During the project, an entire section of rock above one of Patterson's excavators collapsed, crushing it. P...

Marriage of Alderson and Bargmeyer
Date: February 21, 2012
Citation: 2012 MT 41N
Docket Number: DA 11-0204
State v. Booth  
Date: February 21, 2012
Citation: 2012 MT 40
Docket Number: DA 11-0243

Justia Opinion Summary: After a jury trial, Jimmy Booth was charged with, inter alia, felony criminal possession of precursors to dangerous drugs pursuant to Mont. Code Ann. 45-9-107. Booth appealed, claiming that the State presented insufficie...

State v. Brandon Burns (DC 99-0351)
Date: February 21, 2012
Citation: 2012 MT 42N
Docket Number: DA 11-0574
State v. Benn  
Date: February 14, 2012
Citation: 2012 MT 33
Docket Number: DA 11-0031

Justia Opinion Summary: Appellant Wesley Benn was convicted by a jury of sexual intercourse without consent and sexual assault. Benn appealed and then died the following month. Counsel for Benn filed a notice advising that Benn had passed away,...

State v. Cook  
Date: February 14, 2012
Citation: 2012 MT 34
Docket Number: DA 11-0058

Justia Opinion Summary: Rozell Cook pled guilty via an Alford plea to two charges of felony sexual assault. Cook was sentenced to two concurrent, twenty-year terms with ten years suspended. The State moved to revoke the suspended portion of Coo...

State v. Gill  
Date: February 14, 2012
Citation: 2012 MT 36
Docket Number: DA 11-0309

Justia Opinion Summary: After Susan Brady, who was driving, reported that another driver in a pickup truck had been engaging in illegal activity, a highway patrol trooper pulled over a pickup truck matching Brady's description. The driver of th...

Dubiel v. Mont. Dep't of Transp  
Date: February 14, 2012
Citation: 2012 MT 35
Docket Number: DA 11-0354

Justia Opinion Summary: Jerome Dubiel (Jerome) was traveling on a Montana highway during a high wind event that caused numerous trees to blow down. Jerome was stopped temporarily by a Montana Department of Transportation (MDT) employee who was...

Matter of K.J.C. YINC
Date: February 14, 2012
Citation: 2012 MT 37N
Docket Number: DA 11-0367
Williamson v. Mont. Pub. Serv. Comm'n  
Date: February 14, 2012
Citation: 2012 MT 32
Docket Number: DA 11-0382

Justia Opinion Summary: Appellants, a group of individuals, filed a complaint with the Montana Public Service Commission (PSC) against NorthWestern Energy (NWE) concerning NWE's provision of street lighting services. The PSC dismissed the compl...

Lewis Price v. State
Date: February 14, 2012
Citation: 2012 MT 38N
Docket Number: DA 11-0532
Boese v. Board of Pardons
Date: February 14, 2012
Citation: 2012 MT 39N
Docket Number: DA 11-0596
State v. Covington  
Date: February 8, 2012
Citation: 2012 MT 31
Docket Number: DA 10-0426

Justia Opinion Summary: After a jury trial, Richard Covington was convicted of robbery and deliberate homicide. The court issued a life sentence without the possibility of parole based on Covington's two previous robbery convictions pursuant to...

Norris v. Fritz  
Date: February 7, 2012
Citation: 2012 MT 27
Docket Number: DA 10-0481

Justia Opinion Summary: After giving birth to a newborn who suffered severe developmental issues resulting from a lack of glucose, Joe and Kathryn Norris (Norris) filed a medical malpractice action against, among others, Dr. Blayne Fritz, a phy...

State v. Clary  
Date: February 7, 2012
Citation: 2012 MT 26
Docket Number: DA 11-0040

Justia Opinion Summary: Appellant Charles Clary was charged with aggravated burglary and assault with a weapon. The day before the omnibus hearing, Clary's attorney filed a motion to have Clary transported to the proceeding. The district court...

Pastimes v. Clavin  
Date: February 7, 2012
Citation: 2012 MT 29
Docket Number: DA 11-0288

Justia Opinion Summary: Lila Clavin (Lila) and Robert Gilbert founded Pastimes and executed an operating agreement (Agreement) that provided that Pastimes would terminate upon the death of a member unless at least two members remained who agree...

Rohrer v. Pondera County Canal
Date: February 7, 2012
Citation: 2012 MT 30N
Docket Number: DA 11-0563
Burley v. Burlington N. & Santa Fe Ry. Co.  
Date: February 7, 2012
Citation: 2012 MT 28
Docket Number: OP 11-0021

Justia Opinion Summary: Burglington Northern & Sante Fe Railway Company (BNSF) contaminated the environment surrounding the Livingston Rail Yard (Yard). Plaintiffs, individuals who owned property adjacent to the Yard, sued BNSF in federal court...

In re Marriage of Caras  
Date: February 1, 2012
Citation: 2012 MT 25
Docket Number: DA 11-0166

Justia Opinion Summary: Appellant Wife filed for dissolution of her marriage to Husband. The district court found the marriage to be irretrievably broken, divided property between the parties, ordered Husband to pay child support and Wife's att...

State v. Miner  
Date: February 1, 2012
Citation: 2012 MT 20
Docket Number: DA 11-0272

Justia Opinion Summary: After a jury trial, Susan Miner was convicted of the offense of assault on a peace officer, a felony. Miner appealed, arguing that she received ineffective assistance of counsel because her counsel did not move for a mis...

Murphy v. Home Depot  
Date: February 1, 2012
Citation: 2012 MT 23
Docket Number: DA 11-0289

Justia Opinion Summary: Carl Murphy was injured while shopping at Home Depot. Murphy subsequently sued Home Depot. Counsel for both parties then began negotiating a settlement offer, but no settlement documents were executed. Home Depot moved t...

Mont. State Fund v. Simms  
Date: February 1, 2012
Citation: 2012 MT 22
Docket Number: DA 11-0342

Justia Opinion Summary: Randall Simms was injured during his employment. The Montana State Fund (MSF) provided workers compensation to Simms' employer, and later, paid continuing medical benefits for Simms. MSF subsequently utilized the service...

Walker v. Tate
Date: February 1, 2012
Citation: 2012 MT 24N
Docket Number: DA 11-0421
Conner v. City of Dillon  
Date: February 1, 2012
Citation: 2012 MT 21
Docket Number: DA 11-0483

Justia Opinion Summary: The City of Dillon entered an agreement with the McNeills allowing them to connect to a water main for their domestic water supply. Later, the City granted permission to the McNeills to activate an existing water service...

IN THE MATTER OF THE MONTANA RULES
Date: January 31, 2012
Citation: 2007 MT 334
Docket Number: AF 07-0157
Marriage of Tummarello
Date: January 31, 2012
Citation: 2012 MT 18
Docket Number: DA 10-0553
In re Marriage of Tummarello  
Date: January 31, 2012
Citation: 2012 MT 18
Docket Number: DA 10-0553

Justia Opinion Summary: Phil and Valerie married in 2003 and commenced dissolution proceedings in 2005. After five years of litigation, the district court held bifurcated bench trials to address three separate aspects of the dissolution: the pa...

In re Marriage of Funk  
Date: January 31, 2012
Citation: 2012 MT 14
Docket Number: DA 11-0209

Justia Opinion Summary: Kevin and June Funk were married in 1990. In 1996, Kevin inherited several acres of lakefront and non-lakefront property, several vehicles, and an undisclosed amount of cash. June filed for dissolution in 2009. In distri...

Krutzfeldt Ranch, LLC v. Pinnacle Bank  
Date: January 31, 2012
Citation: 2012 MT 15
Docket Number: DA 11-0213

Justia Opinion Summary: Appellants and Bank entered a loan agreement in which Bank agreed to lend Appellants $5 million. After Bank refused to disburse further funds under the loan, Appellants sued Bank. Bank was represented by the Crowley Flec...

City of Cut Bank v. Hall  
Date: January 31, 2012
Citation: 2012 MT 16
Docket Number: DA 11-0260

Justia Opinion Summary: Following a jury trial, Rhonda Hall was sentenced on her conviction of charges of obstructing a peace officer, disorderly conduct, and assault with a bodily fluid. At the conclusion of the City's case, the district court...

Wagner v. Woodward  
Date: January 31, 2012
Citation: 2012 MT 19
Docket Number: DA 11-0335

Justia Opinion Summary: The Wagners owned property along a river, which was subject to restrictive covenants. Brian Woodward purchased adjacent property that was subject to the same covenants. Woodward later added onto the deck of the home he p...

City of Dillon v. Warner  
Date: January 31, 2012
Citation: 2012 MT 17
Docket Number: DA 11-0561

Justia Opinion Summary: The City of Dillon filed a civil action against George Warner seeking to recover the costs of installation of a water meter. Judge Gregory Mohr ruled on several motions filed by the city and conducted a scheduling confer...

Anaconda Public Schools v. Whealon  
Date: January 24, 2012
Citation: 2012 MT 13
Docket Number: DA 11-0428

Justia Opinion Summary: James Whealon was employed by the Anaconda School District pursuant to a series of employment contracts. Upon retirement, Whealon filed a formal grievance, asserting that, under the terms of his contract, he was entitled...

State v. Fadness  
Date: January 17, 2012
Citation: 2012 MT 12
Docket Number: DA 11-0097

Justia Opinion Summary: After a jury trial, Defendant Blaine Fadness was convicted of three counts of attempted deliberate homicide. One of the conditions of Defendant's suspended sentence was that he not own, possess, or be in control of any f...

State v. Woods
Date: January 17, 2012
Citation: 2012 MT 11N
Docket Number: DA 11-0115
State v. Jakeb Smith
Date: January 17, 2012
Citation: 2012 MT 7N
Docket Number: DA 11-0130
State v. Robert Lease
Date: January 17, 2012
Docket Number: DA 11-0180
In re Marriage of Everett  
Date: January 17, 2012
Citation: 2012 MT 8
Docket Number: DA 11-0187

Justia Opinion Summary: Husband appealed from the findings of fact, conclusions of law, and decree of dissolution entered by the district court, which dissolved the marriage of Husband and Wife, determined Husband's child support obligation, an...

Hobble Diamond Ranch v. MT DOT
Date: January 17, 2012
Citation: 2012 MT 10
Docket Number: DA 11-0201
Hobble Diamond Ranch v. State ex rel. Dep't of Transp.  
Date: January 17, 2012
Citation: 2012 MT 10
Docket Number: DA 11-0201

Justia Opinion Summary: Hobble Diamond Ranch, Robert and Susan Burch, and James Lowe, (collectively, Neighbors), appealed the district court's judgment affirming the Montana Department of Transportation's (DOT) decision to issue billboard sign...

State v. Robert C. Brown
Date: January 17, 2012
Citation: 2012 MT 5N
Docket Number: DA 11-0214
In re T.M.L.  
Date: January 17, 2012
Citation: 2012 MT 9
Docket Number: DA 11-0349

Justia Opinion Summary: T.M.L. was seventeen when he pled guilty to felony burglary and misdemeanor criminal trespass to vehicles. The youth court entered a dispositional order providing that T.M.L. be placed on probation until he reached age e...

Seipel v. Moore et al
Date: January 10, 2012
Citation: 2012 MT 4N
Docket Number: DA 11-0306
Seipel v. Moore et al
Date: January 10, 2012
Citation: 2012 MT 4N
Docket Number: DA 11-0306
Banco v. Liberty Nw. Ins.  
Date: January 10, 2012
Citation: 2010 MT 3
Docket Number: DA 11-0347

Justia Opinion Summary: Edna Banco filed a claim for workers' compensation benefits for an occupational disease (OD) in her right shoulder. Banco worked concurrently at 4B's Restaurant and the Child Development Center on Malmstrom Air Force Bas...

State v. Branham  
Date: January 3, 2012
Citation: 2012 MT 1
Docket Number: DA 10-0614

Justia Opinion Summary: After a jury trial, Charles Branham was found guilty of mitigated deliberate homicide for the fatal stabbing of Miachel Kinross-Wright and was sentenced to forty years' incarceration without the possibility of parole. Th...

Ronald Saxon v. Phyllis Saxon
Date: January 3, 2012
Citation: 1012 MT 2N
Docket Number: DA 11-0434
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