Montana Supreme Court Decisions 2013

Pyle v. Dunn
Date: December 31, 2013
Citation: 2013 MT 379N
Docket Number: DA 13-0028
Palmer v. Quinn et al.
Date: December 31, 2013
Citation: 2013 MT 378N
Docket Number: DA 13-0132
Kenck v. State, Child Support Enforcement Div.  
Date: December 31, 2013
Citation: 2013 MT 380
Docket Number: DA 13-0174

Justia Opinion Summary: Plaintiff agreed to an increase in his monthly support obligation. The increase was applied retroactively to the date the child’s mother requested the increase, which created an arrearage in Plaintiff’s account. Although...

Marriage of Quinones 
Date: December 30, 2013
Citation: 2013 MT 377N
Docket Number: DA 13-0416
Ellison v. State  
Date: December 20, 2013
Citation: 2013 MT 376
Docket Number: DA 13-0198

Justia Opinion Summary: Appellant pleaded no contest to arson, a felony. Appellant later moved to withdraw his no contest plea. The district court denied the petition, concluding that Appellant entered a knowing and voluntary plea and could not...

State v. Alchem
Date: December 17, 2013
Citation: 2013 MT 375N
Docket Number: DA 12-0482
State v. Calvert  
Date: December 17, 2013
Citation: 2013 MT 374
Docket Number: DA 13-0280

Justia Opinion Summary: The State charged Defendant with fourth-offense driving under the influence of alcohol (DUI), a felony. As a basis for the charge, the State cited Defendant's three prior DUI convictions in Nevada. Defendant filed a moti...

Sangwin v. Montana BCBS
Date: December 13, 2013
Citation: 2013 MT 373
Docket Number: DA 12-0712
Sangwin v. State  
Date: December 13, 2013
Citation: 2013 MT 373
Docket Number: DA 12-0712

Justia Opinion Summary: Steve Sangwin, a State employee, was a qualified subscriber and beneficiary of the State of Montana Employee Benefits Plan (Plan), which was administered by Blue Cross and Blue Shield of Montana (BCBS). Steve's daughter,...

Lincoln County Port Auth. v. Allianz Global Risks US Ins. Co.  
Date: December 10, 2013
Citation: 2013 MT 365
Docket Number: DA 12-0519

Justia Opinion Summary: The Montana Association of Counties Joint Powers Insurance Authority (MACo/JPIA) obtained catastrophic property insurance from Allianz Global Risks US Insurance Company to cover damages over $100,000. The Lincoln County...

Matter of H.H.
Date: December 10, 2013
Citation: 2013 MT 371N
Docket Number: DA 13-0002
Harrell v. Farmers Educ. Coop. Union of Am., Mont. Div.  
Date: December 10, 2013
Citation: 2013 MT 367
Docket Number: DA 13-0034

Justia Opinion Summary: Before he resigned, Plaintiff worked as the education director for Defendant, a farm organization. Plaintiff filed this action, claiming (1) Defendant failed to pay him for overtime, for vacation, and for his work handli...

In re Marriage of Lockhead  
Date: December 10, 2013
Citation: 2013 MT 368
Docket Number: DA 13-0084

Justia Opinion Summary: In 1997, the district court granted Adriana Lockhead a temporary order of protection against Brian Lockhead. In 1999, the court made the order permanent and served Brian with a permanent order of protection. Brian did no...

In re B.J.T.H.  
Date: December 10, 2013
Citation: 2013 MT 366
Docket Number: DA 13-0225

Justia Opinion Summary: Mother and Father were the parents of twins born in 2009. In 2011, the district court entered orders adjudicating the twins as youths in need of care. In 2012, the district court approved the Department of Public Health...

Anderson v. Harper  
Date: December 10, 2013
Citation: 2013 MT 369
Docket Number: DA 13-0250

Justia Opinion Summary: Darleen Anderson died after a scab from a graft ruptured and Anderson pled to death. The graft was placed in Anderson's arm by Defendant, a board certified surgeon. Plaintiffs, as personal representatives of Anderson's e...

Matter of I.S.
Date: December 10, 2013
Citation: 2013 MT 370N
Docket Number: DA 13-0257
State v. Sartain
Date: December 10, 2013
Citation: 2013 MT 372N
Docket Number: DA 13-0343
State v. Ward
Date: December 3, 2013
Citation: 2013 MT 363N
Docket Number: DA 12-0534
Schuster v. NorthWestern Energy Co.  
Date: December 3, 2013
Citation: 2013 MT 364
Docket Number: DA 13-0044

Justia Opinion Summary: NorthWestern Energy (NWE) disconnected electric service to Plaintiff's residence based on an outstanding balance on Plaintiff's utility bill. Plaintiff filed an action alleging property damage due to NWE's negligence and...

Burnett et al. v. PPL et al.
Date: December 3, 2013
Citation: 2013 MT 362N
Docket Number: DA 13-0130
Baltrusch v. Estate of Baltrusch
Date: December 3, 2013
Citation: 2013 MT 360N
Docket Number: DA 13-0144
Matter of K.G. K.G. and K.G.
Date: December 3, 2013
Citation: 2013 MT 361N
Docket Number: DA 13-0206
Roberts v. Lame Deer Sch. Dist. No. 6  
Date: December 3, 2013
Citation: 2013 MT 358
Docket Number: DA 13-0307

Justia Opinion Summary: Plaintiff, a former high school instructor, was terminated from her employment for insubordination. Plaintiff appealed her termination to binding arbitration pursuant to the terms of a collective bargaining agreement. Th...

O Connell v. Glastonbury
Date: December 3, 2013
Citation: 2013 MT 359N
Docket Number: DA 13-0439
Bresnan Commc'ns, LLC v. Mont. Dep't of Revenue  
Date: December 2, 2013
Citation: 2013 MT 357
Docket Number: DA 12-0569

Justia Opinion Summary: Plaintiff, a Delaware LLC operating in Montana, purchased a cable television network infrastructure in Montana in 2003. In 2010, Plaintiff filed a declaratory judgment action in response to certain actions taken by the S...

State v. MacGregor  
Date: November 26, 2013
Citations: 2013 MT 297, 2013 MT 297A
Docket Number: DA 11-0498

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of attempted deliberate homicide. The Supreme Court affirmed, holding that the district court (1) correctly denied Defendant's motion for a new trial based on jur...

State v. MacGregor
Date: November 26, 2013
Citations: 2013 MT 297, 2013 MT 297A
Docket Number: DA 11-0498
State v. Garding  
Date: November 26, 2013
Citation: 2013 MT 355
Docket Number: DA 11-0763

Justia Opinion Summary: After a jury trial, Defendant was convicted of vehicular homicide while under the influence, failure to stop immediately at the scene of an accident involving an injured person, and driving without a valid driver's licen...

Matter of S.C.G. S.P. M.A.T.
Date: November 26, 2013
Citation: 2013 MT 356N
Docket Number: DA 13-0334
Pilgeram v. Greenpoint Mortgage Funding, Inc.  
Date: November 25, 2013
Citation: 2013 MT 354
Docket Number: DA 12-0629

Justia Opinion Summary: Borrowers obtained a home loan from Mann Mortgage and executed of deed of trust (DOT) naming the lender. Borrowers also signed a promissory note, which was endorsed to GreenPoint Mortgage Funding, Inc. Mortgage Electroni...

State v. Dawn M. Jensen
Date: November 19, 2013
Citation: 2013 MT 353N
Docket Number: DA 12-0409
Wise v. Polejewski
Date: November 19, 2013
Citation: 2013 MT 351N
Docket Number: DA 12-0752
State v. Sebastian  
Date: November 19, 2013
Citation: 2013 MT 347
Docket Number: DA 13-0018

Justia Opinion Summary: Defendant was convicted of felony burglary and misdemeanor criminal mischief. Defendant was sentenced to five years incarceration, all suspended. One of the conditions of Defendant's probation was that he not use or poss...

Owen v. Skramovsky  
Date: November 19, 2013
Citation: 2013 MT 348
Docket Number: DA 13-0119

Justia Opinion Summary: When Defendant purchased a distributorship from Plaintiff, he gave Plaintiff a down payment to be applied to the full purchase price of the distributorship but took over operation of the distributorship without paying Pl...

Matter of K.G. YINC
Date: November 19, 2013
Citation: 2013 MT 352N
Docket Number: DA 13-0147
Main Jr. v. State
Date: November 19, 2013
Citation: 2013 MT 350N
Docket Number: DA 13-0168
Cavanaugh v. Citimortgage, Inc.  
Date: November 19, 2013
Citation: 2013 MT 349
Docket Number: DA 13-0183

Justia Opinion Summary: After Susan Cavanaugh defaulted on her loan, which was secured by a deed of trust on the home she shared with her husband, the bank that was the beneficiary of the deed of trust made two forestalled attempts at a trustee...

Burcalow Family, LLC v. The Corral Bar, Inc.  
Date: November 14, 2013
Citation: 2013 MT 345
Docket Number: DA 12-0716

Justia Opinion Summary: Burcalow Family, LLC purchased property that sat adjacent to The Corral Bar, Inc. property. Burcalow and The Corral signed a license agreement whereby The Corral agreed to pay Burcalow for the use of Burcalow's property...

McVey v. USAA Casualty Ins. Co.
Date: November 14, 2013
Citation: 2013 MT 346
Docket Number: DA 13-0235
State v. Peltier
Date: November 13, 2013
Citation: 2013 MT 344N
Docket Number: DA 12-0363
McVey v. USAA Cas. Ins. Co.  
Date: November 13, 2013
Citation: 2013 MT 346
Docket Number: DA 13-0235

Justia Opinion Summary: Appellant was involved in a car accident with Kent Blough. Appellant's insurer, USAA Casualty Insurance Company, concluded that Appellant was the majority at fault for the accident and refused to honor Appellant's $300,0...

State v. Lotter  
Date: November 12, 2013
Citation: 2013 MT 336
Docket Number: DA 12-0139

Justia Opinion Summary: After a jury trial, Appellant was convicted of the attempted deliberate homicide of her husband, Mike. The Supreme Court affirmed, holding that the district court did not err when it (1) excluded Appellant's proposed exp...

Earl v. Pavex
Date: November 12, 2013
Citation: 2013 MT 343
Docket Number: DA 12-0466
Earl v. Pavex  
Date: November 12, 2013
Citation: 2013 MT 343
Docket Number: DA 12-0466

Justia Opinion Summary: James and Rachel Earl filed an action against Pavex Corporation seeking declarations concerning two overlapping easements that burdened the Earls' land for the benefit of Pavex's land. One of the easements was 100 feet i...

State v. Tellegen  
Date: November 12, 2013
Citation: 2013 MT 337
Docket Number: DA 12-0632

Justia Opinion Summary: After a jury trial, Appellant was convicted of theft and accountability to burglary. The Supreme Court reversed Appellant's conviction for theft and affirmed Appellant's conviction for accountability to burglary, holding...

Carestia v. Robey  
Date: November 12, 2013
Citation: 2013 MT 335
Docket Number: DA 12-0724

Justia Opinion Summary: Teresa and Dee Carestia sued Jeffrey Robey, claiming damages resulting from a car accident. The jury found Jeffrey's negligence was the cause of the accident and that Dee was contributorily negligent. The jury awarded Te...

GEQ v. Robinson
Date: November 12, 2013
Citation: 2013 MT 339N
Docket Number: DA 13-0095
Young v. State
Date: November 12, 2013
Citation: 2013 MT 340n
Docket Number: DA 13-0166
Matter of M.A.
Date: November 12, 2013
Citation: 2013 MT 341N
Docket Number: DA 13-0171
Bull Lake Fire Dist. v. Lincoln County  
Date: November 12, 2013
Citation: 2013 MT 342
Docket Number: DA 13-0238

Justia Opinion Summary: The Lincoln County Commissioners created the Bull Lake Rural Fire District and appointed a Board of Trustees to govern the District. The District and County later disputed the permissible scope of the District's services...

Brown & Brown of Mont., Inc. v. Raty  
Date: November 12, 2013
Citation: 2013 MT 338
Docket Number: DA 13-0346

Justia Opinion Summary: In Brown I, the Supreme Court held that the district court properly found that Defendants had a prescriptive easement to cross Plaintiff's land that included residential and recreational uses but improperly limited the w...

Billings Gazette v. City of Billings  
Date: November 8, 2013
Citation: 2013 MT 334
Docket Number: DA 12-0739

Justia Opinion Summary: Five City employees were disciplined by the City for accessing pornography on their government computers. The local newspaper requested access to documents detailing the investigation of the misconduct and the employees'...

Todd v. Todd
Date: November 8, 2013
Citation: 2013 MT 333N
Docket Number: DA 13-0375
State v. Burwell  
Date: November 6, 2013
Citation: 2013 MT 332
Docket Number: DA 12-0518

Justia Opinion Summary: Appellant was convicted of criminal distribution of dangerous drugs and sentenced to a ten-year term of incarceration. On appeal, Appellant argued that insufficient evidence supported his conviction because the State did...

Diaz v. State  
Date: November 6, 2013
Citation: 2013 MT 331
Docket Number: DA 12-0654

Justia Opinion Summary: Plaintiffs were covered by the State's employee healthcare benefit program established under Title 2, chapter 18, MCA ("the Plan"). Both Plaintiffs were injured in separate automobile accidents. All of the medical bills...

DOT v. American Bank
Date: November 6, 2013
Citation: 2013 MT 330N
Docket Number: DA 13-0072
State v. Peterson
Date: November 5, 2013
Citation: 2013 MT 329
Docket Number: DA 12-0079
State v. Peterson  
Date: November 5, 2013
Citation: 2013 MT 329
Docket Number: DA 12-0079

Justia Opinion Summary: Appellant entered Alford pleas to the felony offenses of aggravated kidnapping, aggravated assault, assault with a weapon, intimidation, and aggravated burglary. Appellant later moved to withdraw his Alford pleas, conten...

Matter of L.W.N.
Date: November 5, 2013
Citation: 2013 MT 325N
Docket Number: DA 12-0593
In re L.A.  
Date: November 5, 2013
Citation: 2013 MT 327
Docket Number: DA 12-0689

Justia Opinion Summary: This case involved L.A., who suffered from schizophrenia. Following her release from her previous commitment, the State filed a petition for involuntary commitment of L.A. After a trial, the jury concluded by special ver...

Alfson v. Allstate  
Date: November 5, 2013
Citation: 2013 MT 326
Docket Number: DA 13-0096

Justia Opinion Summary: Johnathon Alfson was injured when Jack McCoy rear-ended Alfson's truck. Because Alfson was unable to return to work he demanded that Allstate Property and Casualty Insurance Company, McCoy's insurer, pay his lost wages...

Roberts v. State Bd. of Labor Appeals  
Date: November 5, 2013
Citation: 2013 MT 328
Docket Number: DA 13-0181

Justia Opinion Summary: Appellant, a vocational agricultural teacher at a high school, served as faculty advisor for the school's chapter of the National FFA Organization. Appellant obtained a loan on behalf of the school FFA and opened a check...

State v. Charlo
Date: November 5, 2013
Citation: 2013 MT 324N
Docket Number: DA 13-0222
Horace Mann Ins. Co. v. Hanke  
Date: October 29, 2013
Citation: 2013 MT 320
Docket Number: DA 12-0246

Justia Opinion Summary: Thomas Warner filed a complaint against Robert and Rebecca Hanke for conversion and negligence after Robert Hanke asserted ownership over some personal property Warner was storing on the Hanke's property. At the time the...

State v. Golie
Date: October 29, 2013
Citation: 2013 MT 321N
Docket Number: DA 12-0454
State v. Mederos  
Date: October 29, 2013
Citation: 2013 MT 318
Docket Number: DA 12-0577

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of sexual assault and sentenced to concurrent 100 year sentences, with fifty years of each sentence suspended. The Supreme Court affirmed, holding that Defendant'...

State v. Phillips  
Date: October 29, 2013
Citation: 2013 MT 317
Docket Number: DA 12-0619

Justia Opinion Summary: After police officers knocked on the door to Defendant's residence to ask for directions they confiscated forty plants of marijuana. Defendant pled guilty to criminal production or manufacture of dangerous drugs, a felon...

Draggin' Y Cattle Co., Inc. v. Addink  
Date: October 29, 2013
Citation: 2013 MT 319
Docket Number: DA 13-0007

Justia Opinion Summary: Defendants, an attorney and a law firm, structured a tax-deferred exchange for Plaintiffs, a husband and wife and the cattle ranch they owned. It was later determined that the exchange did not qualify for deferred tax tr...

State v. Jackson  
Date: October 29, 2013
Citation: 2013 MT 316
Docket Number: DA 13-0135

Justia Opinion Summary: Defendant pleaded no contest to one count of felony criminal endangerment pursuant to a plea agreement. Prior to sentencing, Defendant filed a motion to withdraw his plea, which the district court denied. The district co...

Sayer v. Boyle Deveny Meyer
Date: October 29, 2013
Citation: 2013 MT 322N
Docket Number: DA 13-0234
Vernon Miller v. State
Date: October 29, 2013
Citation: 2013 MT 323N
Docket Number: DA 13-0362
Heavirland v. State  
Date: October 22, 2013
Citation: 2013 MT 313
Docket Number: DA 12-0759

Justia Opinion Summary: In this water right adjudication, the Water Master concluded that the water right of Claimants, property owners, had been abandoned. Claimants filed an objection to the Water Master's report, arguing, among other things,...

H.E. Simpson Lumber Co. v. Three Rivers Bank of Mont.  
Date: October 22, 2013
Citation: 2013 MT 312
Docket Number: DA 12-0771

Justia Opinion Summary: Bank and Lumber Company had business and financial relationships with Sawmill. A few years into its operation, Sawmill began experiencing serious financial difficulties. Sawmill defaulted on approximately $1.4 million in...

State v. Hantz  
Date: October 22, 2013
Citation: 2013 MT 311
Docket Number: DA 13-0037

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of felony sexual abuse of children for having engaged in sexually-related conduct online with a deputy sheriff who represented himself as a fourteen-year-old fema...

Tri-County Implement, Inc. v. Weaver  
Date: October 22, 2013
Citations: 2013 MT 3009, 2013 MT 309
Docket Number: DA 13-0099

Justia Opinion Summary: C.R. Weaver formed Mikart Transport, LLC in January 2011. At that time, the articles of organization named Weaver and Michael Smith as members or managers. In March 2011, Smith submitted a credit application with Tri-Cou...

Matter of K.J. YINC
Date: October 22, 2013
Citation: 2013 MT 314N
Docket Number: DA 13-0193
Matter of J.D.
Date: October 22, 2013
Citation: 2013 MT 315N
Docket Number: DA 13-0268
In re A.R.B.  
Date: October 22, 2013
Citation: 2013 MT 310
Docket Number: DA 13-0318

Justia Opinion Summary: After the district court adjudicated A.R.B. a youth in need of care, A.R.B. was placed in foster care with a Utah family. A.R.B.'s mother (Mother), who traveled from Utah to Montana to have her baby, filed a motion to re...

State v. Ugalde  
Date: October 17, 2013
Citation: 2013 MT 308
Docket Number: DA 11-0366

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault. The Supreme Court affirmed, holding (1) the district court did not err in refusing to dismiss the charges against Defendant when, after Defendant disclos...

Sellner v. Brand
Date: October 17, 2013
Citation: 2013 MT 307N
Docket Number: DA 12-0471
Pedersen Trust v. Ziehl et al
Date: October 16, 2013
Citation: 2013 MT 306
Docket Number: DA 13-0026
Pedersen v. Ziehl  
Date: October 16, 2013
Citation: 2013 MT 306
Docket Number: DA 13-0026

Justia Opinion Summary: Dean and Nancy Ziehl contended that they owned a prescriptive easement over a portion of dock located on the Swan River that extended onto Gayle Pederson's property. The Ziehls argued that the easement allowed them to ma...

Horning v. City of Polson et al.
Date: October 16, 2013
Citation: 2013 MT 305N
Docket Number: DA 13-0236
State v. MacGregor  
Date: October 15, 2013
Citation: 2013 MT 297
Docket Number: DA 11-0498

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of attempted deliberate homicide. The Supreme Court affirmed Defendant's convictions and sentence, holding (1) the district court correctly denied Defendant's mot...

State v. Hyslop
Date: October 15, 2013
Citation: 2013 MT 302N
Docket Number: DA 12-0513
State Farm v. Freyer
Date: October 15, 2013
Citation: 2013 MT 301
Docket Number: DA 12-0543
State Farm Mut. Auto. Ins. Co. v. Freyer  
Date: October 15, 2013
Citation: 2013 MT 301
Docket Number: DA 12-0543

Justia Opinion Summary: Heath and Vail Freyer, the parents of Alicia Freyer, were all riding in their vehicle, which was insured by State Farm, when the vehicle rolled over, causing Health's death. In Freyer I, the Court held that the subject p...

Fossen v. Fossen  
Date: October 15, 2013
Citation: 2013 MT 299
Docket Number: DA 12-0702

Justia Opinion Summary: Pam, Allan, and Charles and Mary Lou Dees (the Dees) started a business, Great Falls Portables, Inc. (GFP), with Allan acting as sole manager of the business. Pam subsequently took over management. The Dees later filed a...

Yorlum Props., Ltd. v. Lincoln County  
Date: October 15, 2013
Citation: 2013 MT 298
Docket Number: DA 12-0707

Justia Opinion Summary: Carol Miller, the owner of two adjacent parcels of real property, conveyed one of the parcels to the Biggerstaffs in 2005. In the conveyance, Miller purported to reserve an easement over the Biggerstaffs' parcel for the...

State v. Sonny Carsten
Date: October 15, 2013
Citation: 2013 MT 304N
Docket Number: DA 13-0117
Gourneau v. Wolf Point Sch. Bd.  
Date: October 15, 2013
Citation: 2013 MT 300
Docket Number: DA 13-0210

Justia Opinion Summary: While attending Wolf Point High School, Dalton Gourneau committed suicide in his home. Roxanne Gourneau, acting individually and on behalf of Dalton, filed a complaint against Wolf Point, the State, and the District Supe...

Marriage of Jones
Date: October 15, 2013
Citation: 2013 MT 303N
Docket Number: DA 13-0260
Jacky v. Avitus Group  
Date: October 10, 2013
Citation: 2013 MT 296
Docket Number: DA 13-0114

Justia Opinion Summary: After leaving her job as a bus driver, Plaintiff applied for unemployment benefits with the Montana Department of Labor and Industry. The Department determined that Plaintiff was not qualified to receive unemployment ben...

State v. Thomas Petersen
Date: October 8, 2013
Citation: 2013 MT 292N
Docket Number: DA 12-0353
Ostlund v. Abraham
Date: October 8, 2013
Citation: 2013 MT 291N
Docket Number: DA 12-0754
Tungsten Holdings v. Freyder
Date: October 8, 2013
Citation: 2013 MT 294N
Docket Number: DA 12-0782
Geiszler v. Sayer
Date: October 8, 2013
Citations: 2013 MT 295, 2013 MT 295N
Docket Number: DA 13-0036
Estate of Beals
Date: October 8, 2013
Citation: 2013 MT 290N
Docket Number: DA 13-0088
Estate of Beals
Date: October 8, 2013
Citation: 2013 MT 290N
Docket Number: DA 13-0088
Benjamin v. Benjamin
Date: October 8, 2013
Citation: 2013 MT 293N
Docket Number: DA 13-0199
Benjamin v. Benjamin
Date: October 8, 2013
Citation: 2013 MT 293N
Docket Number: DA 13-0199
Bridgman v. Union Pacific
Date: October 7, 2013
Citation: 2013 MT 289
Docket Number: DA 12-0606
Bridgman v. Union Pac. R.R. Co  
Date: October 7, 2013
Citation: 2013 MT 289
Docket Number: DA 12-0606

Justia Opinion Summary: Plaintiff worked for Union Pacific Railroad Company as a locomotive engineer until his retirement in 2008. After an MRI showed evidence that Plaintiff suffered from a degenerative disc disease, Plaintiff filed a report o...

Matter of K.U.
Date: October 1, 2013
Citation: 2013 MT 285N
Docket Number: DA 12-0524
State v. Morgeson
Date: October 1, 2013
Citation: 2013 MT 287N
Docket Number: DA 12-0703
Lyon v. Mountain Pacific
Date: October 1, 2013
Citation: 2013 MT 288N
Docket Number: DA 13-0016
Willis v. Fertterer et al
Date: October 1, 2013
Citation: 2013 MT 282
Docket Number: DA 13-0071
Willis v. Fertterer  
Date: October 1, 2013
Citation: 2013 MT 282
Docket Number: DA 13-0071

Justia Opinion Summary: Terry Willis purchased a tract of property with funds that were apparently the proceeds from illegal drug sales. After Willis failed to make a payment, David Ferterrer contributed approximately half of the late payment....

In re Estate of Harless  
Date: October 1, 2013
Citation: 2013 MT 283
Docket Number: DA 13-0189

Justia Opinion Summary: Decedent was the sister of Linda Hyde and the mother of Kelli Martin. Martin petitioned the district court to adjudicate that her mother died intestate and to appoint her as Decedent's personal representative. Hyde oppos...

Matter of AT RT JT
Date: October 1, 2013
Citation: 2013 MT 284N
Docket Number: DA 13-0219
Matter of A.A.
Date: October 1, 2013
Citation: 2013 MT 286N
Docket Number: DA 13-0284
State v. Madsen  
Date: September 26, 2013
Citation: 2013 MT 281
Docket Number: DA 13-0057

Justia Opinion Summary: Thomas Madsen, a sheriff's deputy, was charged with mistreating prisoners pursuant to Mont. Code Ann. 45-5-204 for his behavior toward K.J., a female juvenile who was brought to the county law and justice center at the r...

State v. Parks  
Date: September 25, 2013
Citation: 2013 MT 280
Docket Number: DA 12-0253

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of omitting material facts relating to his offer and sale of a security. Defendant appealed, arguing that the multiple charges statute, Mont. Code Ann. 46-11-41...

State v. Stevie J. McPherson
Date: September 24, 2013
Citation: 2013 MT 279N
Docket Number: DA 12-0372
Dick Irvin, Inc. v. State  
Date: September 24, 2013
Citation: 2013 MT 272
Docket Number: DA 12-0607

Justia Opinion Summary: Keith Davies was run over by a tractor-trailer driven by Paul Tychsen, who worked for Dick Irvin, Inc. Davies, who worked for Great Falls Sand and Gravel (GFSG), was directing traffic when the truck struck him. The incid...

Marriage of Sagami
Date: September 24, 2013
Citation: 2013 MT 277N
Docket Number: DA 12-0747
Gold Creek and AT T v. DOR
Date: September 24, 2013
Citation: 2013 MT 273
Docket Number: DA 12-0768
Gold Creek Cellular of Mont. Ltd. P'ship v. Dep't of Revenue  
Date: September 24, 2013
Citation: 2013 MT 273
Docket Number: DA 12-0768

Justia Opinion Summary: Mont. Code Ann. 15-6-218 grants tax exemption to intangible personal property and defines intangible personal property. The statute lists "goodwill" as the one non-exhaustive example of intangible property that lacks phy...

Clugston v. State
Date: September 24, 2013
Citation: 2013 MT 278N
Docket Number: DA 13-0001
State v. Bryan Simpson
Date: September 24, 2013
Citation: 2013 MT 275N
Docket Number: DA 13-0107
Gould v. State
Date: September 24, 2013
Citation: 2013 MT 276N
Docket Number: DA 13-0128
In re T.S.  
Date: September 24, 2013
Citation: 2013 MT 274
Docket Number: DA 13-0177

Justia Opinion Summary: After Father's four children were removed from his care, the district court terminated Father's parental rights to the children, concluding that Father failed to complete several tasks in his treatment plan. The Supreme...

State v. Morsette  
Date: September 17, 2013
Citation: 2013 MT 270
Docket Number: DA 12-0056

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse without consent. The Supreme Court affirmed, holding (1) the district court correctly concluded that Defendant was not denied his right to a speedy trial;...

State v. Lundberg
Date: September 17, 2013
Citation: 2013 MT 268N
Docket Number: DA 12-0589
Estate of Irvine v. Oaas  
Date: September 17, 2013
Citation: 2013 MT 271
Docket Number: DA 12-0603

Justia Opinion Summary: After John Irvine died, the proceeds from three of his investment accounts were paid to his estate. John's mother, Va Va, sought a declaratory judgment that she was the sole beneficiary of all three accounts. John's step...

Langford v. State  
Date: September 17, 2013
Citation: 2013 MT 265
Docket Number: DA 12-0645

Justia Opinion Summary: In 1992, Petitioner was convicted of incest. Petitioner was sentenced to twenty years imprisonment, and the sentencing court required that Petitioner register as a sexual offender. In 2012, Petitioner filed a petition re...

Estate of Gopher
Date: September 17, 2013
Citation: 2013 MT 264
Docket Number: DA 12-0719
In re Estate of Gopher  
Date: September 17, 2013
Citation: 2013 MT 264
Docket Number: DA 12-0719

Justia Opinion Summary: Dorothy Gopher, an enrolled member of the Blackfeet Tribe, died intestate in 2008. Dorothy was survived by seven children (the siblings), and her estate consisted only of a ceremonial tribal flag. One of the siblings, fi...

Unterholzner v. Blake
Date: September 17, 2013
Citation: 2013 MT 269N
Docket Number: DA 12-0726
Fletcher v. State  
Date: September 17, 2013
Citation: 2013 MT 266
Docket Number: DA 13-0043

Justia Opinion Summary: Defendant pled guilty to sexual assault and sexual intercourse without consent before Judge Lympus. At sentencing, Judge Lympus imposed a forty-year sentence with twenty suspended, as requested by the State pursuant to t...

CNJ Distrib. Corp. v. D & F Farms, Inc.  
Date: September 17, 2013
Citation: 2013 MT 267
Docket Number: DA 13-0068

Justia Opinion Summary: Plaintiff, which owned and operated a ranch, hired Defendant as a custom seeder to seed a barley crop grown under a contract with Circle S Seeds of Montana, Inc. The crop could not be harvested on schedule, and a heavy O...

Barile v. Butte High Sch.  
Date: September 17, 2013
Citation: 2013 MT 263
Docket Number: DA 13-0159

Justia Opinion Summary: In 1997, Plaintiff purchased a historical building that was the largest apartment house between St. Paul and Spokane when it was built in 1916. In 2013, Plaintiffs filed a lawsuit against various defendants, including th...

Zunski v. Frenchtown Rural Fire Dep  
Date: September 10, 2013
Citation: 2013 MT 258
Docket Number: DA 12-0505

Justia Opinion Summary: Appellant Tammy Zunski appealed a district court's grant of summary judgment to the Frenchtown Rural Fire Department Board of Trustees (Board) against her right to know and right to participate claims. The issues before...

Matter of N.A.  
Date: September 10, 2013
Citation: 2013 MT 255
Docket Number: DA 12-0613

Justia Opinion Summary: Respondent-appellant N.A. was committed to Montana State Hospital for 90 days by a District Court order. N.A. appealed that order. Respondent was diagnosed with paranoid schizophrenia. After some treatment at the Phoenix...

Harpole v. Powell Co. Title  
Date: September 10, 2013
Citation: 2013 MT 257
Docket Number: DA 12-0614

Justia Opinion Summary: Tom Harpole, a former owner of real property in Powell County, sued First American Title Insurance Company and Powell County Title Company claiming they negligently misrepresented the status of the access road into his f...

Matter of M.F.W.
Date: September 10, 2013
Citation: 2013 MT 260N
Docket Number: DA 12-0694
Hartsoe v. Tucker  
Date: September 10, 2013
Citation: 2013 MT 256
Docket Number: DA 12-0740

Justia Opinion Summary: Plaintiff John Hartsoe appealed the summary dismissal of his claim against the Honorable Loren Tucker. Hartsoe filed this action alleging that Judge Tucker had violated his constitutional rights by denying his request fo...

Guill v. Guill
Date: September 10, 2013
Citation: 2013 MT 262N
Docket Number: DA 12-0772
Anderson v. Eller
Date: September 10, 2013
Citation: 2013 MT 259N
Docket Number: DA 12-0773
Marriage of Bossler
Date: September 10, 2013
Citation: 2013 MT 261N
Docket Number: DA 13-0148
State v. 13th Judicial District
Date: September 6, 2013
Docket Number: OP 13-0590
Montana v. Aker  
Date: September 5, 2013
Citation: 2013 MT 253
Docket Number: DA 11-0696

Justia Opinion Summary: Defendant Jimmie Aker appealed his conviction by jury of sexual intercourse without consent. Defendant appealed the conviction on grounds that the prosecutor committed plain error during closing argument and that his tri...

City of Missoula v. Fogarty  
Date: September 5, 2013
Citation: 2013 MT 254
Docket Number: DA 12-0300

Justia Opinion Summary: Michele Fogarty appealed the outcomes of four criminal misdemeanor cases at the Missoula Municipal Court. The cases were heard in bench trials, all on the same day, all with Fogarty acting pro se. Fogarty appealed her su...

State v. Spinks
Date: September 3, 2013
Citation: 2013 MT 248N
Docket Number: DA 12-0423
Weaver v. DNRC  
Date: September 3, 2013
Citation: 2013 MT 247
Docket Number: DA 12-0506

Justia Opinion Summary: The State appealed a jury verdict that awarded damages to L. Fred Weaver, Joan Weaver and Vicki Weaver. The Weavers had sued the State over negligent fire containment procedures on their real property. The State argued o...

Montana v. Dietsch  
Date: September 3, 2013
Citation: 2013 MT 245
Docket Number: DA 12-0533

Justia Opinion Summary: Robert Lee Colton Dietsch appealed his conviction for sexual assault of a twelve-year-old girl. Dietsch was seventeen at the time of the alleged assault. The State charged Dietsch as an adult. Dietsch moved to transfer p...

Marriage of Whitaker
Date: September 3, 2013
Citation: 2013 MT 250N
Docket Number: DA 12-0608
State v. Carson Tillett
Date: September 3, 2013
Citation: 2013 MT 251N
Docket Number: DA 12-0734
Marriage of Julson
Date: September 3, 2013
Citation: 2013 MT 252N
Docket Number: DA 12-0749
Bates v. Neva  
Date: September 3, 2013
Citation: 2013 MT 246
Docket Number: DA 13-0012

Justia Opinion Summary: Appellant Laura Lee Neva sued Appellee Jim Bates, arguing he violated Montana's Human Rights Act by halting necessary repairs to a commercial building she rented from him because she rebuffed his sexual advances. In her...

Matter of J.W. T.W. and E.R.L.L.
Date: September 3, 2013
Citation: 2013 MT 249N
Docket Number: DA 13-0074
Jacobsen v. Allstate Ins. Co.  
Date: August 29, 2013
Citation: 2013 MT 244
Docket Number: DA 12-0130

Justia Opinion Summary: This interlocutory appeal arose from the district court's order certifying a class in Plaintiff's class action against Defendant, Allstate Insurance Company. Plaintiff's class action claim arose out of the Supreme Court'...

Jacobsen v. Allstate
Date: August 29, 2013
Citation: 2013 MT 244
Docket Number: DA 12-0130
Williams v. Bd. of County Commr's  
Date: August 28, 2013
Citation: 2013 MT 243
Docket Number: DA 12-0343

Justia Opinion Summary: Landowners protested pursuant to Mont. Code Ann. 76-2-205(6) to block the Board of County Commissioners of Missoula County from establishing a special zoning district north of Lolo, Montana. Landowners effectively blocke...

State v. Marcial  
Date: August 27, 2013
Citation: 2013 MT 242
Docket Number: DA 12-0436

Justia Opinion Summary: Concerned that Defendant had collided with a fire hydrant, a police officer approached Defendant's vehicle and spoke to Defendant, at which time he noticed indicators that Defendant was driving under the influence of alc...

State v. Robert Whitehead
Date: August 27, 2013
Citation: 2013 MT 239N
Docket Number: DA 12-0479
Moerman v. Prairie Rose Res., Inc.  
Date: August 27, 2013
Citation: 2013 MT 241
Docket Number: DA 12-0666

Justia Opinion Summary: In 2010, Irene and John Moerman each signed an oil and gas lease with Prairie Rose Resources. In 2011, the Moermans filed a complaint for declaratory judgment claiming that their leases with Prairie had expired because,...

Caldwell v. Sabo  
Date: August 27, 2013
Citation: 2013 MT 240
Docket Number: DA 12-0766

Justia Opinion Summary: Clifford Sabo and Sabo Brothers Construction (the Sabos) entered into a written lease agreement with Vernon and Laura Caldwell for the excavation of scoria, a substance used in road construction, on the Caldwells' land....

Watts v. HSBC Bank USA, N.A.  
Date: August 20, 2013
Citation: 2013 MT 233
Docket Number: DA 12-0695

Justia Opinion Summary: Timothy Watts sold real property to the Marions, who financed the purchase with one loan from PrimeLending and a second loan from Watts. Watts signed a subordination agreement agreeing to subordinate his loan to the Prim...

Kananen v. South  
Date: August 20, 2013
Citation: 2013 MT 232
Docket Number: DA 12-0714

Justia Opinion Summary: Carl and Karen were married in 1993. In 1995, Karen made Carl a co-owner of certain property. In 2007, the county clerk recorded a quit claim deed transferring Carl's interest in the property back to Karen. When the part...

Missoula v. John Girard
Date: August 20, 2013
Citation: 2013 MT 229N
Docket Number: DA 12-0728
In re Estate of Quirin  
Date: August 20, 2013
Citation: 2013 MT 231
Docket Number: DA 12-0737

Justia Opinion Summary: Decedent, the mother of Cathie and Marcy, died testate. Decedent's will expressly made no provision for her daughters. Decedent named Kristine Fankell as the personal representative of her estate. After Fankell's applica...

In re Marriage of Anderson  
Date: August 20, 2013
Citation: 2013 MT 238
Docket Number: DA 12-0745

Justia Opinion Summary: As part of their dissolution of marriage, Viola and Gary entered into a mediated property settlement agreement. The district court approved the property settlement, deeming the property and debts "equitably distributed."...

Doty v. Molnar
Date: August 20, 2013
Citation: 2013 MT 236N
Docket Number: DA 12-0750
Allen v. Lakeside Neighborhood Planning Comm.  
Date: August 20, 2013
Citation: 2013 MT 237
Docket Number: DA 13-0054

Justia Opinion Summary: The Lakeside Neighborhood Planning Board approved a revised neighborhood plan (Plan) created by the Lakeside Neighborhood Planning Committee (LNPC). The Flathead County Commissioners passed a resolution to adopt the Plan...

Matter of E.Z.C. and E.B.C.
Date: August 20, 2013
Citation: 2013 MT 235N
Docket Number: DA 13-0105
Livingston v. Park Conservation Dist.  
Date: August 20, 2013
Citation: 2013 MT 234
Docket Number: DA 13-0121

Justia Opinion Summary: At issue in this case was a certain channel adjacent to the Yellowstone River. The disputed channel had been used for years to obtain river water to satisfy water rights held by Heart K Ranch. The City of Livingston owne...

In re Estate of Bennett  
Date: August 20, 2013
Citation: 2013 MT 230
Docket Number: OP 13-0294

Justia Opinion Summary: Jeremiah Bennett, the adult son of Abel and Judy Bennett, died as a result of injuries sustained in a motor vehicle accident. Jeremiah died intestate and was survived by two minor children. The district court appointed S...

State v. Rogers  
Date: August 13, 2013
Citation: 2013 MT 221
Docket Number: DA 12-0263

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse without consent, partner or family member assault, unlawful restraint, and violation of a no contact order. The district court sentenced Defendant to fort...

Smart v. State
Date: August 13, 2013
Citation: 2013 MT 224N
Docket Number: DA 12-0480
Yeaton v. Yeaton
Date: August 13, 2013
Citation: 2013 MT 227N
Docket Number: DA 12-0498
Puskas v. Pine Hills Youth Corr. Facility  
Date: August 13, 2013
Citation: 2013 MT 223
Docket Number: DA 12-0515

Justia Opinion Summary: Appellant worked at Pine Hills Youth Correctional Facility as a correctional officer for approximately three years. Appellant worked in the sex offender unit during the majority of her employment with Pine Hills. After q...

State v. Brothers  
Date: August 13, 2013
Citation: 2013 MT 222
Docket Number: DA 12-0547

Justia Opinion Summary: Defendant was charged with sexual assault, among other crimes. Defendant was subsequently arrested in New Mexico pursuant to an arrest warrant. Defendant pled guilty to one count of sexual assault as part of a plea agree...

City of Helena v. Detienne
Date: August 13, 2013
Citation: 2013 MT 225N
Docket Number: DA 12-0696
Ellenburg v. State
Date: August 13, 2013
Citation: 2013 MT 226N
Docket Number: DA 12-0767
In re Estate of Bennett  
Date: August 13, 2013
Citation: 2013 MT 228
Docket Number: DA 13-0060

Justia Opinion Summary: Jeremiah Bennett died intestate. Jeremiah's two children resided with their mother, Jeremiah's ex-spouse, Sabrina. Jeremiah's father, Abel, was appointed the personal representative (PR) of Jeremiah's estate. Sabrina obj...

Diaz v. State  
Date: August 6, 2013
Citation: 2013 MT 219
Docket Number: DA 12-0432

Justia Opinion Summary: Plaintiffs were insured through the State group insurance plan administered by Defendants. Both Plaintiffs were injured in automobile accidents caused by tortfeasors whose insurers accepted liability. The third-party ins...

Landa v. Assurance Co. of Am.  
Date: August 6, 2013
Citation: 2013 MT 217
Docket Number: DA 12-0535

Justia Opinion Summary: Leonard Landa was the sole managing member of a Montana limited liability corporation. Landa carried commercial general liability insurance through Assurance. After a former employee of Landa's filed a complaint alleging...

Mocko v. State
Date: August 6, 2013
Citation: 2013 MT 218N
Docket Number: DA 12-0572
Rolan v. New West Health Servs.  
Date: August 6, 2013
Citation: 2013 MT 220
Docket Number: DA 12-0622

Justia Opinion Summary: Plaintiff, who carried health insurance through New West Health Services (New West), was injured in an automobile accident resulting in medical expenses totaling approximately $120,000. The tortfeasor's insurer paid appr...

State Farm Fire & Cas. Co. v. Schwan  
Date: August 6, 2013
Citation: 2013 MT 216
Docket Number: DA 12-0641

Justia Opinion Summary: Whitney Schwan died in an automobile accident after Travis Turner, the driver, lost control of the vehicle. Whitney's parents sued Travis's estate and his parents (the Turners). The Turners had a homeowners policy with S...

Covenant Invs., Inc. v. Dep't of Revenue  
Date: August 6, 2013
Citation: 2013 MT 215
Docket Number: DA 13-0005

Justia Opinion Summary: Mont. Code Ann. 15-7-211 requires the Department of Revenue (Department) to reappraise all residential property in the state every six years. The Department assessed the value of Plaintiff's property in 2008 and used the...

Fisher v. State Farm
Date: July 30, 2013
Citation: 2013 MT 208
Docket Number: DA 12-0346
Fisher v. State Farm Mut. Auto. Ins. Co.  
Date: July 30, 2013
Citation: 2013 MT 208
Docket Number: DA 12-0346

Justia Opinion Summary: Wife sustained injuries as a result of Husband's negligent driving. Wife and Husband (Plaintiffs) sought coverage from Insurer, which denied coverage due to a family member exclusion in the umbrella police Husband held w...

Daniel Woods v. State
Date: July 30, 2013
Citation: 2013 MT 212N
Docket Number: DA 12-0558
Harrington v. Crystal Bar, Inc.  
Date: July 30, 2013
Citation: 2013 MT 209
Docket Number: DA 12-0628

Justia Opinion Summary: Plaintiff was a patron at the Crystal Bar when she was hit on the head by Jason Howard, a friend of the bouncer, causing him to fall and strike his head. Plaintiff filed a complaint against the Crystal Bar, alleging, amo...

Dvorak v. State Fund  
Date: July 30, 2013
Citation: 2013 MT 210
Docket Number: DA 12-0655

Justia Opinion Summary: Employee contracted an occupational disease arising out of her employment with Employer. In 2006, Employee began seeking medical treatment. Employee received treatment periodically until 2011 when her doctor informed her...

Archer v. State
Date: July 30, 2013
Citation: 2013 MT 214N
Docket Number: DA 12-0690
Matter of A.S. A.S. and C.S.
Date: July 30, 2013
Citation: 2013 MT 211N
Docket Number: DA 13-0039
Matter of S.M.G. N.M. M.M. and R.
Date: July 30, 2013
Citation: 2013 MT 213N
Docket Number: DA 13-0091
Harris v. St Vincent Healthcare  
Date: July 25, 2013
Citation: 2013 MT 207
Docket Number: DA 12-0602

Justia Opinion Summary: Plaintiffs Dorothy Harris and Tedeen Holbert were injured in separate automobile accidents caused by third-party tortfeasors. Plaintiffs were treated at Billings Clinic and St. Vincent Healthcare (Providers) for their in...

State v. Bonck
Date: July 23, 2013
Citation: 2013 MT 205N
Docket Number: DA 11-0734
State v. Sullivant  
Date: July 23, 2013
Citation: 2013 MT 200
Docket Number: DA 12-0240

Justia Opinion Summary: Defendant pled guilty to felony DUI offenses and associated offenses, including two misdemeanor offenses. After Defendant began serving his period of probation, the State filed a petition to revoke Defendant's probation...

State v. Hammer  
Date: July 23, 2013
Citation: 2013 MT 203
Docket Number: DA 12-0297

Justia Opinion Summary: Defendant was charged with criminal possession of dangerous drugs with intent to distribute and was appointed counsel. A jury subsequently found Defendant guilty of criminal possession with intent to distribute. The Supr...

State v. Haller  
Date: July 23, 2013
Citation: 2013 MT 199
Docket Number: DA 12-0472

Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony DUI and driving without a valid driver's license. Defendant subsequently filed a motion to vacate his convictions primarily on the grounds that he had not received...

Jonas v. Jonas
Date: July 23, 2013
Citation: 2013 MT 202
Docket Number: DA 12-0620
Jonas v. Jonas  
Date: July 23, 2013
Citation: 2013 MT 202
Docket Number: DA 12-0620

Justia Opinion Summary: After Edwin and Linda divorced, Linda obtained a New Jersey judgment ordering Edwin to pay $695,477 in unpaid alimony, unpaid child support, medical expenses, and attorney fees and costs. Linda subsequently filed a motio...

Kelly Olsen v. State
Date: July 23, 2013
Citation: 2013 MT 206N
Docket Number: DA 12-0723
State v. Sime
Date: July 23, 2013
Citation: 2013 MT 204N
Docket Number: DA 12-0736
In re J.W.  
Date: July 23, 2013
Citation: 2013 MT 201
Docket Number: DA 13-0051

Justia Opinion Summary: Mother was the biological parent of four children, including J.W. Before J.W. was born, a Colorado court terminated Mother's rights to two of her children. After Mother gave birth to J.W. and J.W. was removed from Mother...

State v. Champagne  
Date: July 16, 2013
Citation: 2013 MT 190
Docket Number: DA 12-0159

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony sexual assault and sentenced to forty years imprisonment. The district court imposed a restitution obligation of $1,583 with an ongoing obligation to the extent the v...

State v. Case  
Date: July 16, 2013
Citation: 2013 MT 192
Docket Number: DA 12-0546

Justia Opinion Summary: On July 25, the State charged Defendant with partner or family member assault (PFMA), alleging that the pending charge was a felony. Defendant pled not guilty on August 18. On October 26, the district court dismissed the...

In re Marriage of Parker  
Date: July 16, 2013
Citation: 2013 MT 194
Docket Number: DA 12-0639

Justia Opinion Summary: Husband and Wife separated in 2010, after which Wife filed a petition for dissolution of marriage. The district court (1) determined that any interest Husband might receive from his mother's trust did not impact the mari...

In re D.A.  
Date: July 16, 2013
Citation: 2013 MT 191
Docket Number: DA 12-0648

Justia Opinion Summary: The district court terminated Mother's parental rights to her two daughters (collectively, Children). Mother appealed. The Supreme Court affirmed, holding (1) the Department of Health and Human Services (Department) unde...

City of Laurel v. Howson
Date: July 16, 2013
Citation: 2013 MT 197N
Docket Number: DA 12-0674
Brandon Burns v. State
Date: July 16, 2013
Citation: 2013 MT 198N
Docket Number: DA 13-0029
State v. Woods
Date: July 16, 2013
Citation: 2013 MT 195N
Docket Number: DA 13-0073
O Connell v. Gray
Date: July 16, 2013
Citation: 2013 MT 196N
Docket Number: DA 13-0097
Metro Aviation, Inc. v. United States  
Date: July 16, 2013
Citation: 2013 MT 193
Docket Number: OP 12-0429

Justia Opinion Summary: A plane owned by Metro Aviation crashed in Montana, killing two passengers. Metro filed suit under against the United States in a U.S. district court in Montana, alleging negligence by FAA air traffic controllers. Metro...

State v. Adams  
Date: July 15, 2013
Citation: 2013 MT 189
Docket Number: DA 12-0443

Justia Opinion Summary: In 2007, Defendant received a suspended sentence for felony offense that was ordered to run consecutively to his revocation in another proceeding in which he was serving probation after being transferred from juvenile to...

State v. Cline  
Date: July 15, 2013
Citation: 2013 MT 188
Docket Number: DA 12-0492

Justia Opinion Summary: After Defendant stole numerous firearms and other merchandise from his employer, the United States charged him with theft of firearms from a federal licensee and possession of stolen firearms. Defendant pleaded guilty to...

White v. State ex rel. Mont. State Fund  
Date: July 12, 2013
Citation: 2013 MT 187
Docket Number: DA 12-0216

Justia Opinion Summary: Plaintiff injured his shoulder while working for his employer, who was insured by the Montana State Fund. The State Fund paid for Plaintiff's two shoulder injuries and paid temporary total disability (TTD) benefits after...

State v. Guillen
Date: July 9, 2013
Citation: 2013 MT 184N
Docket Number: DA 12-0319
State v. Lee
Date: July 9, 2013
Citation: 2013 MT 183N
Docket Number: DA 12-0556
State v. Mottsman
Date: July 9, 2013
Citation: 2013 MT 182N
Docket Number: DA 12-0578
Insua v. State
Date: July 9, 2013
Citation: 2013 MT 181N
Docket Number: DA 12-0658
Marriage of Beld
Date: July 9, 2013
Citation: 2013 MT 185N
Docket Number: DA 12-0722
Schmidt v. Corbin
Date: July 9, 2013
Citation: 2013 MT 186N
Docket Number: DA 13-0017
Marriage of Funk
Date: July 9, 2013
Citation: 2013 MT 180N
Docket Number: DA 13-0023
Johnston v. Centennial Log Homes & Furnishings, Inc.  
Date: July 8, 2013
Citation: 2013 MT 179
Docket Number: DA 12-0405

Justia Opinion Summary: The Leonards entered into contracts with Centennial for the sale of a log home kit and construction of a custom log home. The Leonards later released Centennial from any claims for damages for defective construction or w...

State v. Prindle  
Date: July 2, 2013
Citation: 2013 MT 173
Docket Number: DA 11-0291

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to one count of negligent vehicular assault and driving while suspended. The district court sentenced Defendant to a six-year deferred sentence. Defendant, who lived...

State v. Criswell  
Date: July 2, 2013
Citation: 2013 MT 177
Docket Number: DA 12-0132

Justia Opinion Summary: After a jury trial, Defendants were convicted of aggravated cruelty to animals, a felony, for knowingly mistreating or neglecting several cats in the form of cruel confinement and/or inadequate nourishment. The Supreme C...

Hughes v. Hughes  
Date: July 2, 2013
Citation: 2013 MT 176
Docket Number: DA 12-0464

Justia Opinion Summary: This case involved a dispute between Johnny Hughes and his parents, Jack and Shirley Hughes, regarding borrowed money, the partition of jointly owned real property and accompanying water rights, and a contested pasture l...

Estate of Bjornrud
Date: July 2, 2013
Citation: 2013 MT 178N
Docket Number: DA 12-0473
Motta v. Granite County Comm'rs  
Date: July 2, 2013
Citation: 2013 MT 172
Docket Number: DA 12-0525

Justia Opinion Summary: In 2011, the Granite County Commissioners (County) created a Georgetown Lake zoning district and adopted Georgetown Lake zoning regulations. Plaintiff filed this action to declare void the County's resolution to create t...

In re Marriage of Steyh  
Date: July 2, 2013
Citation: 2013 MT 175
Docket Number: DA 12-0599

Justia Opinion Summary: Julie petitioned for dissolution of her marriage to William. Because he did not object to the dissolution of their marriage or to Julie's proposed distribution of assets, William elected to default. The district court su...

State Dep't of Revenue v. Heidecker  
Date: July 2, 2013
Citation: 2013 MT 171
Docket Number: DA 12-0616

Justia Opinion Summary: Respondent purchased a 240-acre parcel of land in Gallatin County in 1980 that he rented out for grain and hay production. Respondent subdivided a thirty-acre parcel of the property in 1995. The subdivision was known as...

In re Estate of Greene  
Date: July 2, 2013
Citation: 2013 MT 174
Docket Number: DA 12-0735

Justia Opinion Summary: Decedent's will named her daughter Dawn as personal representative of her estate. After the clerk of court accepted Dawn's application for informal probate, Dawn issued a notice to heirs and devisees specifying that the...

IN THE MATTER OF THE RULES OF APPEL
Date: June 27, 2013
Citation: 2007 MT 334
Docket Number: AF 07-0016
Long v. Montana DNRC
Date: June 26, 2013
Citation: 2013 MT 170N
Docket Number: DA 12-0501
State v. Bullplume
Date: June 25, 2013
Citation: 2013 MT 169
Docket Number: DA 12-0278
State v. Bullplume  
Date: June 25, 2013
Citation: 2013 MT 169
Docket Number: DA 12-0278

Justia Opinion Summary: Defendant, a sexual offender, was charged with failing to provide notice of his change of residence. Defendant pled guilty pursuant to a plea agreement. The district court imposed a four-year sentence and imposed several...

In re A.D.B.  
Date: June 20, 2013
Citation: 2013 MT 167
Docket Number: DA 12-0219

Justia Opinion Summary: After the Montana Department of Public Health and Human Services (DPHHS) was granted temporary legal custody of Child, DPHHS petitioned for termination of Mother and Father's parental rights. After a hearing, the distric...

City of Missoula v. Girard  
Date: June 20, 2013
Citation: 2013 MT 168
Docket Number: DA 12-0553

Justia Opinion Summary: Defendant entered a plea of not guilty to disorderly conduct, a misdemeanor. Defendant was informed that his failure to appear at the final pre-trial hearing would constitute a waiver of his right to a jury trial. Defend...

Citizens for Balanced Use v. Maurier  
Date: June 19, 2013
Citation: 2013 MT 166
Docket Number: DA 12-0306

Justia Opinion Summary: The Montana Department of Fish, Wildlife & Parks and Montana Fish, Wildlife & Parks Commissions (collectively referred to as DFWP) decided to transfer a group of bison to two reservations as part of a quarantine program....

Rose v. State  
Date: June 18, 2013
Citation: 2013 MT 161
Docket Number: DA 12-0167

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated kidnapping, assault with a weapon, and assault on a peace officer. The Supreme Court upheld Defendant's convictions. Defendant subsequently filed a petition for p...

Cartwright v. Scheels All Sports, Inc.  
Date: June 18, 2013
Citation: 2013 MT 158
Docket Number: DA 12-0299

Justia Opinion Summary: Employee was fired by employer after allegations that Employee had a sexual relationship with a co-worker. Employee was found eligible to receive unemployment benefits. The Board of Labor Appeals affirmed. Employee subse...

Pennington v. Flaherty  
Date: June 18, 2013
Citation: 2013 MT 160
Docket Number: DA 12-0344

Justia Opinion Summary: Bruce Nelson subdivided property in the 1970s. Appellant claimed he purchased tract eighteen from Nelson ten days after Nelson filed the plat. Appellant claimed that at the time of the conveyance, Nelson guaranteed that...

LeCount v. Davis  
Date: June 18, 2013
Citation: 2013 MT 157
Docket Number: DA 12-0394

Justia Opinion Summary: When Father and Mother divorced, the district court ordered Father to pay child support. After Father failed to make child support payments, the Child Support Enforcement Division (CSED) of the Department of Public Healt...

State v. William Shegrud
Date: June 18, 2013
Citation: 2013 MT 164N
Docket Number: DA 12-0410
Weaver v. 1st Bank Lincoln
Date: June 18, 2013
Citation: 2013 MT 165N
Docket Number: DA 12-0422
Halpin v. Michaels
Date: June 18, 2013
Citation: 2013 MT 163N
Docket Number: DA 12-0538
State v. Wagner  
Date: June 18, 2013
Citation: 2013 MT 159
Docket Number: DA 12-0699

Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol or drugs. Defendant filed a motion to suppress the evidence obtained during the stop of his vehicle, arguing that the officer lacked particularized suspic...

Showell v. Lundvall
Date: June 18, 2013
Citation: 2013 MT 162N
Docket Number: DA 13-0030
Terence R. Passmore v. State
Date: June 11, 2013
Citation: 2013 MT 154N
Docket Number: DA 12-0258
Salvi v. Congdon
Date: June 11, 2013
Citation: 2013 MT 155N
Docket Number: DA 12-0469
Lewis Clark Co. v. Skinner
Date: June 11, 2013
Citation: 2013 MT 156N
Docket Number: DA 12-0550
Lewis Clark Co. v. Skinner
Date: June 11, 2013
Citation: 2013 MT 156N
Docket Number: DA 12-0550
State v. Steigelman
Date: June 6, 2013
Citation: 2013 MT 153
Docket Number: DA 12-0275
State v. Steigelman  
Date: June 6, 2013
Citation: 2013 MT 153
Docket Number: DA 12-0275

Justia Opinion Summary: Defendant was charged with felony DUI and two misdemeanors. Defendant filed a motion to dismiss the charges on speedy trial grounds. The district court denied the motion. Defendant subsequently pleaded guilty to DUI purs...

State v. Steigelman  
Date: June 6, 2013
Citation: 2013 MT 153
Docket Number: DA 12-0275

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to felony DUI. Defendant appealed, arguing that the district court erred in denying his motion to dismiss the charge based on an alleged violation of his speedy tria...

Terry L. Bell Generations Trust v. Flathead Bank of Bigfork  
Date: June 5, 2013
Citation: 2013 MT 152
Docket Number: DA 12-0493

Justia Opinion Summary: A trust (Trust) purchased lots in an RV park. The purchase agreement for the lots granted Trust an easement for access to a lake over and across lakefront property. At the time of the purchase, the lake property was encu...

Roland v. Davis  
Date: June 4, 2013
Citation: 2013 MT 148
Docket Number: DA 12-0383

Justia Opinion Summary: Plaintiff purchased property from Defendants in 1993. The warranty deed for the property contained no express mention of water rights, ditch easements, or appurtenances. Plaintiff nevertheless believed that a water right...

Morin v. State Farm Mut. Auto. Ins. Co.  
Date: June 4, 2013
Citation: 2013 MT 146
Docket Number: DA 12-0418

Justia Opinion Summary: After Sarah West was involved in a motor vehicle accident, West made a claim against her insurer, State Farm, for underinsured motorist benefits of $75,000. State Farm paid only $20,000 in benefits. Attorney Tracey Morin...

Lear v. Jamrogowicz  
Date: June 4, 2013
Citation: 2013 MT 147
Docket Number: DA 12-0523

Justia Opinion Summary: In 2012, Plaintiff sought and obtained a temporary order of protection against Defendant in a civil action. Subsequently, Plaintiff obtained a no contact order against Defendant in a criminal action. Defendant moved to h...

State v. Spinks
Date: June 4, 2013
Citation: 2013 MT 150N
Docket Number: DA 12-0561
Pallister v. Blue Cross & Blue Shield of Mont., Inc.  
Date: June 4, 2013
Citation: 2013 MT 149
Docket Number: DA 12-0626

Justia Opinion Summary: Three individuals (collectively, "Pallister") were unnamed members in a class action suit against insurers Blue Cross and Blue Shield of Montana, Inc. (BCBSMT) and Montana Comprehensive Health Association (MCHA). The sui...

Minks v. Gerttula
Date: June 4, 2013
Citation: 2013 MT 151N
Docket Number: DA 12-0682
Schwartz v. Harris  
Date: May 30, 2013
Citation: 2013 MT 145
Docket Number: DA 12-0381

Justia Opinion Summary: By decree of the district court, the marriage of Husband and Wife was dissolved. The decree also divided the marital estate. Husband appealed, challenging various aspects of the property division. The Supreme Court affir...

State v. King  
Date: May 28, 2013
Citation: 2013 MT 139
Docket Number: DA 12-0103

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of deliberate homicide and one count of aggravated assault. The Supreme Court affirmed, holding (1) the district court did not err by excluding evidence of just...

Combs v. State
Date: May 28, 2013
Citation: 2013 MT 142N
Docket Number: DA 12-0392
McDunn v. Arnold
Date: May 28, 2013
Citation: 2013 MT 138
Docket Number: DA 12-0438
McDunn v. Arnold  
Date: May 28, 2013
Citation: 2013 MT 138
Docket Number: DA 12-0438

Justia Opinion Summary: Plaintiffs leased an apartment from Defendant for thirteen months. Before the lease term expired, a dispute arose between the parties. Plaintiffs subsequently filed a complaint against Defendant, alleging breach of the t...

In re S.C.  
Date: May 28, 2013
Citation: 2013 MT 140
Docket Number: DA 12-0468

Justia Opinion Summary: After a hearing, the district court determined that S.C. should be committed involuntarily to Montana State Hospital (MSH). The State later conditionally released S.C. from MSH. The State then filed an untimely petition...

Marriage of Hauser
Date: May 28, 2013
Citation: 2013 MT 143N
Docket Number: DA 12-0582
Matter of Q.R.K. YINC
Date: May 28, 2013
Citation: 2013 MT 141N
Docket Number: DA 12-0670
Northwest Truck v. Mcallister
Date: May 28, 2013
Citation: 2013 MT 144N
Docket Number: DA 12-0672
DeRosier v. State
Date: May 21, 2013
Citations: 2013 MT 137N, 2013 MT 13N
Docket Number: DA 12-0390
Myrup v. State, Dep't of Revenue  
Date: May 21, 2013
Citation: 2013 MT 136
Docket Number: DA 12-0601

Justia Opinion Summary: Paula Ehrmantraut-Kiosee sought tax deductions for educational expenses incurred in pursuit of a doctoral degree in psychology. The Montana Department of Revenue disallowed the deductions sought by Paula individually in...

Sampson v. Sampson
Date: May 15, 2013
Citation: 2013 MT 127N
Docket Number: DA 12-0328
Molnar v. Fox  
Date: May 15, 2013
Citation: 2013 MT 132
Docket Number: DA 12-0373

Justia Opinion Summary: Petitioner served two terms as a Public Service Commissioner (PSC). While serving his first term at the PSC, Respondent, campaign manager for Petitioner's opponent in the upcoming election, filed four complaints against...

City of Msla v. Walker
Date: May 15, 2013
Citation: 2013 MT 134N
Docket Number: DA 12-0391
In re K.B.  
Date: May 15, 2013
Citation: 2013 MT 133
Docket Number: DA 12-0705

Justia Opinion Summary: Mother was an enrolled member of the Chippewa Cree Tribe. Her two minor children both qualified as Indian children under the Indian Child Welfare Act (ICWA). After the Department of Public Health and Human Services was g...

State v. Matheson
Date: May 15, 2013
Citation: 2013 MT 135N
Docket Number: DA 12-0727
State v. Stops  
Date: May 14, 2013
Citation: 2013 MT 131
Docket Number: DA 11-0503

Justia Opinion Summary: Following a jury trial, Defendant was convicted of felony DUI. The trial was held after several delays. Defendant was sentenced as a persistent felony offender to twenty years imprisonment with ten years suspended and or...

State v. Beach  
Date: May 14, 2013
Citation: 2013 MT 130
Docket Number: DA 11-0723

Justia Opinion Summary: After a jury trial in 1984, Defendant was convicted of deliberate homicide and sentenced to 100 years imprisonment without the possibility of parole. In 2008, Defendant filed a second petition for postconviction relief,...

In re Marriage of Pfeifer  
Date: May 14, 2013
Citation: 2013 MT 129
Docket Number: DA 12-0536

Justia Opinion Summary: Mother and Father were divorced pursuant to a decree of dissolution entered in 1995. The decree required Father to pay child support until the parties' daughter "reaches majority, graduates from high school or is otherwi...

Klinker v. Schwanke
Date: May 14, 2013
Citation: 2013 MT 128N
Docket Number: DA 12-0761
IN THE MATTER OF THE RULES OFAPPELL
Date: May 8, 2013
Citation: 2007 MT 334
Docket Number: AF 07-0016
Wittich v. O'Connell  
Date: May 7, 2013
Citation: 2013 MT 122
Docket Number: DA 12-0199

Justia Opinion Summary: Plaintiff law firm filed a complaint alleging that Defendants and Plaintiff had previously entered into a contract for legal services and that Defendants breached this contract by failing to fully pay for the legal servi...

Newman v. Scottsdale Ins. et al.
Date: May 7, 2013
Citation: 2013 MT 125
Docket Number: DA 12-0200
Newman v. Scottsdale Ins. Co.  
Date: May 7, 2013
Citation: 2013 MT 125
Docket Number: DA 12-0200

Justia Opinion Summary: This matter arose from the suicide of a sixteen-year-old girl, who was residing at the Spring Creek Lodge Academy at the time of her death. Following the girl's death, her mother, Plaintiff, brought an action against the...

Wheaton v. Bradford  
Date: May 7, 2013
Citation: 2013 MT 121
Docket Number: DA 12-0322

Justia Opinion Summary: Margaret Howard was driving south and John Bradford was driving north on a two-lane highway when the two vehicles collided. Neither Margaret nor John survived. The Howards, the co-personal representatives of Margaret's e...

Sampson v. Sampson
Date: May 7, 2013
Citation: 2013 MT 127N
Docket Number: DA 12-0328
Sampson v. Sampson
Date: May 7, 2013
Citation: 2013 MT 127N
Docket Number: DA 12-0328
In re Marriage of Steab  
Date: May 7, 2013
Citation: 2013 MT 124
Docket Number: DA 12-0416

Justia Opinion Summary: Mother and Father divorced in 2002 when their children were approximately fifteen, twelve, and two years old. Afterward, the children resided at different times with either Mother or Father. Therefore, both Mother and Fa...

City v. Magraw
Date: May 7, 2013
Citation: 2013 MT 126N
Docket Number: DA 12-0610
In re E.Z.C.  
Date: May 7, 2013
Citation: 2013 MT 123
Docket Number: DA 12-0678

Justia Opinion Summary: The district court granted temporary legal custody of two young children to the Department of Public Health and Human Services after Mother was arrested on criminal charges. The Department subsequently filed a petition t...

Bailey v. State Farm et al.
Date: May 2, 2013
Citation: 2013 MT 119
Docket Number: DA 12-0247
Bailey v. State Farm Auto. Ins. Co.  
Date: May 2, 2013
Citation: 2013 MT 119
Docket Number: DA 12-0247

Justia Opinion Summary: In 2006, Plaintiffs sustained serious injuries in an automobile accident and incurred medical expenses in excess of $1,000,000. Plaintiffs subsequently learned that they had only $5,000 in medical payments coverage and d...

Beals v. Beals  
Date: May 2, 2013
Citation: 2013 MT 120
Docket Number: DA 13-0209

Justia Opinion Summary: Wife filed a petition for dissolution of her marriage to Husband in the district court. The matter subsequently came before a standing master. After a hearing, the standing master issued her findings of fact, conclusions...

State v. Kelm  
Date: April 30, 2013
Citation: 2013 MT 115
Docket Number: DA 12-0239

Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of an open alcoholic beverage container in a motor vehicle, failure to drive on the right side of a roadway, and driving under the influence of alcohol. The district court...

State v. Baker  
Date: April 30, 2013
Citation: 2013 MT 113
Docket Number: DA 12-0321

Justia Opinion Summary: After a jury trial, Defendant was convicted and sentenced for sexual assault. The Supreme Court affirmed the conviction, holding (1) the district court did not err by admitting into evidence a recored interview with the...

City v. Hitshew
Date: April 30, 2013
Citation: 2013 MT 116N
Docket Number: DA 12-0447
In re D.S.B.  
Date: April 30, 2013
Citation: 2013 MT 112
Docket Number: DA 12-0495

Justia Opinion Summary: The State petitioned for permanent legal custody and termination of Father's parental rights to his two children after the court held that the Indian Child Welfare Act (ICWA) applied and approved treatment plans for Fath...

Ecton v. Ecton  
Date: April 30, 2013
Citation: 2013 MT 114
Docket Number: DA 12-0512

Justia Opinion Summary: Appellant, the personal representative of the estate of Decedent, appealed from a final distribution order of the district court, which interpreted Decedent's last will and testament to devise the entirety of Decedent's...

State v. Longfellow
Date: April 30, 2013
Docket Number: DA 12-0630
Grimes v. Rantz
Date: April 30, 2013
Citation: 2013 MT 118N
Docket Number: DA 12-0692
State v. MacDonald  
Date: April 23, 2013
Citation: 2013 MT 105
Docket Number: DA 12-0218

Justia Opinion Summary: Defendant brought her seven-week-old son, John Doe, to a medical center for injuries. A jury later convicted Defendant of assault on a minor and aggravated assault. The district court ordered a change in parenting arrang...

Stewart v. Liberty Northwest Ins. Corp.  
Date: April 23, 2013
Citation: 2013 MT 107
Docket Number: DA 12-0273

Justia Opinion Summary: Plaintiff suffered an injury in the course and scope of her employment with Employer. Employer's insurer (Insurer) accepted liability for Plaintiff's injury and paid wage loss and medical benefits. Plaintiff was later in...

Lane v. Caler  
Date: April 23, 2013
Citation: 2013 MT 108
Docket Number: DA 12-0325

Justia Opinion Summary: After Maxine's family contributed financially to help her keep her house, Maxine transferred title of the property to the Maxine Lane Irrevocable Trust. The Trust Agreement provided that if the property was sold during M...

Sullivan v. Continental Constr. of Mont., LLC  
Date: April 23, 2013
Citation: 2013 MT 106
Docket Number: DA 12-0489

Justia Opinion Summary: Plaintiff worked for Employer as a construction site supervisor. When Plaintiff left Montana for a vacation, a group of employees complained about Plaintiff as their supervisor. After an investigation, Employer terminate...

Ellison v. Larson
Date: April 23, 2013
Citation: 2013 MT 109N
Docket Number: DA 12-0568
Walker v. Marshall
Date: April 23, 2013
Citation: 2013 MT 110N
Docket Number: DA 12-0574
State v. Keech
Date: April 23, 2013
Citation: 2013 MT 111N
Docket Number: DA 12-0635
State v. Torres  
Date: April 16, 2013
Citation: 2013 MT 101
Docket Number: DA 12-0212

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault, burglary, criminal endangerment, and assault on a peace officer, all felonies. Defendant appealed, arguing, among other things, that the Supreme Court sh...

Mountain West v. Cherrad et al.
Date: April 16, 2013
Citation: 2013 MT 99
Docket Number: DA 12-0281
Mountain West Bank, N.A. v. Cherrad, LLC  
Date: April 16, 2013
Citation: 2013 MT 99
Docket Number: DA 12-0281

Justia Opinion Summary: This case arose out of several business transactions entered into by parties involved in the development of condominiums on Hauser Lake. Cherrad, Merritt & Marie, and Max & V (the Hale interests) were limited liability c...

Payne v. Berry's Auto, Inc.  
Date: April 16, 2013
Citation: 2013 MT 102
Docket Number: DA 12-0371

Justia Opinion Summary: Plaintiff purchased a vehicle and an extended service contract for the vehicle from Defendant. Plaintiff signed several transactional documents, including a buyer's guide, a retail installment contract, and a retail purc...

CHS, Inc. v. State Dep't of Revenue  
Date: April 16, 2013
Citation: 2013 MT 100
Docket Number: DA 12-0378

Justia Opinion Summary: Plaintiff asked the district court for a declaratory judgment that the Montana Department of Revenue (DOR) used improper or illegal methods of assessing Plaintiff's Montana properties for property tax purposes in 2009 an...

Marriage of Fenwick
Date: April 16, 2013
Citation: 2013 MT 104N
Docket Number: DA 12-0419
Moline v. Saint-Denis
Date: April 16, 2013
Citation: 2013 MT 103N
Docket Number: DA 12-0442
Parenting of O.M.C.
Date: April 15, 2013
Citation: 2013 MT 98N
Docket Number: DA 12-0537
Parenting of O.M.C.
Date: April 15, 2013
Citation: 2013 MT 98N
Docket Number: DA 12-0537
Parenting of O.M.C.
Date: April 15, 2013
Citation: 2013 MT 98N
Docket Number: DA 12-0537
Parenting of O.M.C.
Date: April 15, 2013
Citation: 2013 MT 98N
Docket Number: DA 12-0537
State v. McDonald  
Date: April 10, 2013
Citation: 2013 MT 97
Docket Number: DA 11-0779

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault on a peace officer, a felony, for biting a detention officer on the arm. Defendant appealed, arguing that the prosecutor's comments during closing argument constitut...

Ensey v. Mini Mart, Inc.  
Date: April 10, 2013
Citation: 2013 MT 94
Docket Number: DA 12-0339

Justia Opinion Summary: After Employee failed to ask a shopper for a loyalty card per Employer's policy, Employee was fired. Employee brought a wrongful discharge claim against Employer under Montana's Wrongful Discharge From Employment Act (WD...

Heppner v. DOLI
Date: April 10, 2013
Citation: 2013 MT 96N
Docket Number: DA 12-0402
State v. Chapman
Date: April 10, 2013
Citation: 2013 MT 95N
Docket Number: DA 12-0474
State v. Birthmark  
Date: April 9, 2013
Citation: 2013 MT 86
Docket Number: DA 11-0613

Justia Opinion Summary: After a jury trial, Defendant was convicted of the offense of partner of family member assault (PFMA), a felony. The Supreme Court affirmed the conviction and remanded for correction of the written judgment, holding (1)...

McCulley v. Am. Land Title Co.  
Date: April 9, 2013
Citation: 2013 MT 89
Docket Number: DA 12-0117

Justia Opinion Summary: To help finance her purchase of a condominium (condo) for $395,000, Mary McCulley sought a residential loan from Heritage Bank (Bank) for $300,000. American Land Title Company (ALTC) provided a commitment for title insur...

State v. Buslayev  
Date: April 9, 2013
Citation: 2013 MT 88
Docket Number: DA 12-0118

Justia Opinion Summary: After a jury trial, Defendant was convicted of negligent homicide and criminal endangerment. Prior to trial, Defendant filed a motion in limine requesting that five photos of the victim's body be excluded from evidence a...

Weinheimer Ranch v. Pospisil
Date: April 9, 2013
Citation: 2013 MT 87
Docket Number: DA 12-0264
Weinheimer Ranch, Inc. v. Pospisil  
Date: April 9, 2013
Citation: 2013 MT 87
Docket Number: DA 12-0264

Justia Opinion Summary: Franz Weinheimer filed a notice of water appropriation in 1971 which listed a point in Section 4 as the point of diversion. Franz's son Francis filed a claim with the water court in 1981. Francis transferred the property...

State v. Jent  
Date: April 9, 2013
Citation: 2013 MT 93
Docket Number: DA 12-0399

Justia Opinion Summary: Defendant pleaded guilty to the aggravated assault of his wife (Wife). As part of his sentence, the district court ordered Defendant to pay $44,112 in restitution, including $19,866 for Wife's medical expenses arising fr...

Feller v. First Interstate Banksystem, Inc.  
Date: April 9, 2013
Citation: 2013 MT 90
Docket Number: DA 12-0406

Justia Opinion Summary: This dispute stemmed from the actions of a former Bank employee, Diane Becker, who pleaded guilty to federal fraud and money laundering charges. Becker had previously assisted Marilyn Feller with her banking and finances...

Federal Home Loan v. Petty
Date: April 9, 2013
Citation: 2013 MT 91N
Docket Number: DA 12-0445
W. Mont. Water Users Ass'n, LLC v. Mission Irrigation Dist.  
Date: April 9, 2013
Citation: 2013 MT 92
Docket Number: DA 13-0154

Justia Opinion Summary: On December 14, 2012, the district court issued an alternative writ of mandate directing several irrigation districts to comply with Mont. Code Ann. 85-7-1956 and -1957 before executing a water use agreement with the Con...

IN RE THE RULES OF CONTINUING LEGAL
Date: April 3, 2013
Docket Number: AF 06-0163
IN RE THE RULES OF CONTINUING LEGAL
Date: April 3, 2013
Docket Number: AF 06-0163
Molder v. State
Date: April 3, 2013
Citation: 2013 MT 85N
Docket Number: DA 11-0706
Baxter Homeowners Ass'n, Inc. v. Angel  
Date: April 2, 2013
Citation: 2013 MT 83
Docket Number: DA 12-0301

Justia Opinion Summary: Appellant rented second-floor office space and owned one of the upper-floor residential units in the Baxter Hotel. In 2008, the Baxter Homeowners Association (BHA) restricted access to the hotel's elevator by only permit...

In re K.E.G.  
Date: April 2, 2013
Citation: 2013 MT 82
Docket Number: DA 12-0364

Justia Opinion Summary: K.E.G., a fifteen-year-old male, admitted to committing acts of vandalism on two consecutive nights. The county attorney then filed a petition alleging that K.E.G. was a delinquent youth for having committed criminal mis...

In re P.A.C.  
Date: April 2, 2013
Citation: 2013 MT 84
Docket Number: DA 12-0488

Justia Opinion Summary: The State petitioned the district court to involuntarily commit Appellant to the Montana State Hospital (MSH) for ninety days. The district court appointed counsel to represent Appellant and informed her of her right to...

State v. Jay  
Date: March 26, 2013
Citation: 2013 MT 79
Docket Number: DA 10-0269

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of negligent homicide and two counts of negligent endangerment. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did n...

State v. Andress  
Date: March 26, 2013
Citations: 2013 MT 12, 2013 MT 12A
Docket Number: DA 11-0297

Justia Opinion Summary: Following a jury trial, Defendant was convicted of violating a permanent order of protection and tampering with a witness. Defendant's written sentence contained twenty-six terms and conditions that were not expressly st...

State v. Nixon  
Date: March 26, 2013
Citation: 2013 MT 81
Docket Number: DA 11-0733

Justia Opinion Summary: After a jury trial, Defendant was convicted of accountability for deliberate homicide, robbery, tampering with physical evidence, and burglary. Defendant appealed, arguing that the district court erred in denying his mot...

Stubblefield v. Town of W. Yellowstone  
Date: March 26, 2013
Citation: 2013 MT 78
Docket Number: DA 12-0207

Justia Opinion Summary: Plaintiffs were employed as by the Town of West Yellowstone. Plaintiff contended that the Town's on-call policy for police officers prior to 2009 was so restrictive that they could not engage in personal activities betwe...

Marriage of Stark
Date: March 26, 2013
Citation: 2013 MT 77N
Docket Number: DA 12-0370
Marriage of Stark
Date: March 26, 2013
Citation: 2013 MT 77N
Docket Number: DA 12-0370
Coleman v. State ex rel. Dep't of Transp.  
Date: March 26, 2013
Citation: 2013 MT 80
Docket Number: DA 12-0484

Justia Opinion Summary: Plaintiff, who operated a cattle ranch, owned a truck that had been modified with the attachment of a feedbox, hoist and tailgate. Plaintiff was cited for violating Mont. Code Ann. 15-70-330 after a Montana Department of...

Matter of K.M. and R.M.
Date: March 26, 2013
Citation: 2013 MT 76N
Docket Number: DA 12-0559
State v. Wilson  
Date: March 20, 2013
Citation: 2013 MT 70
Docket Number: DA 11-0699

Justia Opinion Summary: After a jury trial, Defendant was convicted of deliberate homicide, attempted deliberate homicide, and negligent homicide. Defendant appealed, arguing that the district court violated his fundamental right to be present...

State v. Robins  
Date: March 20, 2013
Citation: 2013 MT 71
Docket Number: DA 12-0096

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual assault, incest, and attempted sexual intercourse without consent. The victim was thirteen years old during the abuse and fourteen at the time of trial. During trial,...

State v. Michael W. McDonald
Date: March 20, 2013
Citation: 2013 MT 74N
Docket Number: DA 12-0111
Estate of C.K.O. Minor Child
Date: March 20, 2013
Citation: 2013 MT 72
Docket Number: DA 12-0334
In re Estate of C.K.O.  
Date: March 20, 2013
Citation: 2013 MT 72
Docket Number: DA 12-0334

Justia Opinion Summary: Mother and Child were seriously injured in an automobile accident. Mother and her husband (Husband) hired Viscomi & Gersh (Viscomi) to represent Mother and Child in their claims for damages resulting from the accident. M...

State v. Joseph Tice
Date: March 20, 2013
Citation: 2013 MT 75N
Docket Number: DA 12-0365
Ptarmigan Owner's Ass'n v. Alton  
Date: March 20, 2013
Citation: 2013 MT 69
Docket Number: DA 12-0476

Justia Opinion Summary: Defendant purchased a vacation home in Ptarmigan Village in Montana. Defendant lived primarily in Arizona. Ptarmigan Owner's Association (Ptarmigan), which managed the units that comprised the Ptarmigan homeowner's assoc...

Conway v. Benefis Health Sys., Inc.  
Date: March 19, 2013
Citation: 2013 MT 73
Docket Number: DA 12-0180

Justia Opinion Summary: Plaintiff was injured in an automobile accident and received medical treatment at Benefis Health System, Inc. Plaintiff had healthcare coverage as a TRICARE beneficiary and also had medical payments coverage through his...

State v. Minett
Date: March 12, 2013
Citation: 2013 MT 68N
Docket Number: DA 12-0201
Overfield v. Great Falls
Date: March 12, 2013
Citation: 2013 MT 67N
Docket Number: DA 12-0269
Kelker v. Geneva-Roth Ventures, Inc.  
Date: March 12, 2013
Citation: 2013 MT 62
Docket Number: DA 12-0313

Justia Opinion Summary: Plaintiff submitted an online application for a payday loan with Geneva-Roth Ventures, which charged Plaintiff an interest rate of 780 percent APR. The loan agreement contained an arbitration clause. Plaintiff entered in...

State v. Dallas C. Herman
Date: March 12, 2013
Citation: 2013 MT 65N
Docket Number: DA 12-0348
Tait v. DOLI
Date: March 12, 2013
Citation: 2013 MT 64N
Docket Number: DA 12-0384
State v. Driscoll
Date: March 12, 2013
Citation: 2013 MT 63
Docket Number: DA 12-0389
State v. Driscoll  
Date: March 12, 2013
Citation: 2013 MT 63
Docket Number: DA 12-0389

Justia Opinion Summary: Two police officers observed Defendant in a bar holding a beer can. Believing that Defendant was younger than twenty-one years old, the officers asked how old Defendant was then asked for identification to verify Defenda...

Newlin v. State
Date: March 12, 2013
Citation: 2013 MT 66N
Docket Number: DA 12-0430
In re R.W.K.  
Date: March 6, 2013
Citation: 2013 MT 54
Docket Number: DA 12-0231

Justia Opinion Summary: Appellant was a fifty-five-year-old male with a history of schizoaffective disorder. The State filed a petition to involuntarily commit Appellant, alleging that Appellant was unable to care for his basic needs and appear...

Stewart v. Rice  
Date: March 5, 2013
Citation: 2013 MT 55
Docket Number: DA 11-0542

Justia Opinion Summary: Edythe Rice, who was in her late eighties, owned a cattle ranch. Edythe's son, Clark Rice, assisted Edythe in performing ranch duties. In 2006, Clark was driving a tractor in "advanced twilight" without illuminated light...

State v. Holm  
Date: March 5, 2013
Citation: 1013 MT 58
Docket Number: DA 11-0697

Justia Opinion Summary: Defendant's vehicle hit Brian Beaver from behind, and Beaver died from severe blunt force trauma to his head. Defendant was assigned a public defender for his criminal case. Eight days before his trial, Defendant provide...

Rukes v. State
Date: March 5, 2013
Citation: 2013 MT 56
Docket Number: DA 12-0176
Rukes v. State  
Date: March 5, 2013
Citation: 2013 MT 56
Docket Number: DA 12-0176

Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony aggravated assault and misdemeanor unlawful restraint. Defendant subsequently filed a petition for postconviction relief, raising twelve issues. The district court...

State v. Pierce
Date: March 5, 2013
Citation: 2013 MT 61N
Docket Number: DA 12-0260
Thayer v. Hollinger  
Date: March 5, 2013
Citation: 2013 MT 52
Docket Number: DA 12-0286

Justia Opinion Summary: This action arose from easement disputes at Big Sky Lake. Plaintiffs were homeowners who owned lakeshore lots. The access road was owned by the Homeowners Association and provided the access to each lakeshore lot. Later,...

Hartsoe v. Christopher  
Date: March 5, 2013
Citation: 2013 MT 57
Docket Number: DA 12-0351

Justia Opinion Summary: Plaintiff filed a complaint against Judge Deborah Christopher (Judge), alleging that Judge violated a number of his constitutional rights. The district court granted Judge's motion for summary judgment, concluding that J...

Eslick v. Eslick  
Date: March 5, 2013
Citation: 2013 MT 53
Docket Number: DA 12-0417

Justia Opinion Summary: Wife petitioned the district court for dissolution of her marriage to Husband, who was incarcerated. Husband proceeded as a self-represented litigant, and the district court allowed Husband to appear telephonically at al...

In re R.F.  
Date: March 5, 2013
Citation: 2013 MT 59
Docket Number: DA 12-0433

Justia Opinion Summary: In 2012, the Yellowstone County Attorney's Office filed a petition for involuntary commitment of Appellant. After an evidentiary hearing, the district court determined that Appellant met the statutory criteria for involu...

In re M.J.  
Date: March 5, 2013
Citation: 2013 MT 60
Docket Number: DA 12-0532

Justia Opinion Summary: Child was born with numerous medical issues and hospitalized for the first three months of his life. The suspected cause of Child's medical problems was maternal drug use. The Department of Public Health and Human Servic...

State v. Wagner  
Date: February 27, 2013
Citation: 2013 MT 47
Docket Number: DA 11-0238

Justia Opinion Summary: This case stemmed from a gun fight between Defendant and Michael Peters. Defendant was convicted of attempted deliberate homicide with a weapon. The Supreme Court reversed and remanded for a new trial upon finding that p...

State v. Hicks  
Date: February 27, 2013
Citation: 2013 MT 50
Docket Number: DA 11-0311

Justia Opinion Summary: After a jury trial, Defendant was convicted of deliberate homicide and solicitation to tamper with physical evidence. The convictions were based on an incident in which a three-year-old died after Defendant shoved her in...

Wohl v. City of Missoula  
Date: February 27, 2013
Citation: 2013 MT 46
Docket Number: DA 11-0490

Justia Opinion Summary: Plaintiffs were a group of landowners who owned properties abutting South Avenue in the City of Missoula. This lawsuit arose out of dispute between Plaintiffs and the City concerning the width of a public right-of-way co...

Bostwick Properties v. DNRC
Date: February 27, 2013
Citation: 2013 MT 48
Docket Number: DA 12-0007
Bostwick Props., Inc. v. Dep't of Natural Res. & Conservation  
Date: February 27, 2013
Citation: 2013 MT 48
Docket Number: DA 12-0007

Justia Opinion Summary: Bostwick Properties (Bostwick) sought a water use permit from the Montana Department of Natural Resources and Conservation (DNRC), which was denied. The district court (1) agreed with DNRC that Bostwick failed to prove n...

Yeager v. Morris  
Date: February 27, 2013
Citation: 2013 MT 44
Docket Number: DA 12-0173

Justia Opinion Summary: Plaintiff and her minor daughter were injured when their vehicle was involved in a collision with a pickup truck driven by Michael Morris, Jr. (Son), a Glacier County resident. The pickup truck was owned by Michael Morri...

Braach v. Missoula County Clerk and
Date: February 27, 2013
Citation: 2013 MT 49N
Docket Number: DA 12-0228
State v. Roy  
Date: February 27, 2013
Citation: 2013 MT 51
Docket Number: DA 12-0242

Justia Opinion Summary: A peace officer stopped a vehicle Defendant was driving due to the vehicle's excessive speed and a report of drug trafficking. During the stop, the officer had Defendant exit the vehicle so the officer could detect wheth...

Sayers v. Chouteau County  
Date: February 27, 2013
Citation: 2013 MT 45
Docket Number: DA 12-0340

Justia Opinion Summary: Appellant owned 5,400 contiguous acres of mostly undeveloped farmland in Chouteu County. Appellant filed a claim seeking declaratory relief regarding whether the entire length of a road that ran through Appellant's prope...

Missoula v. Hamed Chowdhury
Date: February 21, 2013
Citation: 2013 MT 43N
Docket Number: DA 12-0338
State v. Dugan
Date: February 19, 2013
Citation: 2013 MT 38
Docket Number: DA 11-0494
State v. Dugan  
Date: February 19, 2013
Citation: 2013 MT 38
Docket Number: DA 11-0494

Justia Opinion Summary: Defendant was charged with violating the Privacy in Communications statute by using obscene, lewd, and profane language. The charges arose from an incident in which Defendant called an employee of the county Victim Assis...

State v. Caswell
Date: February 19, 2013
Citation: 2013 MT 39
Docket Number: DA 11-0536
State v. Caswell  
Date: February 19, 2013
Docket Number: DA 11-0536

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse without consent and partner/family member assault. Defendant appealed, arguing (1) his due process rights were violated when a portion of the trial was no...

State v. Phyllis Jamison
Date: February 19, 2013
Citation: 2013 MT 41N
Docket Number: DA 11-0720
Marriage of Bain
Date: February 19, 2013
Citation: 2013 MT 42N
Docket Number: DA 12-0276
City v. Cantu  
Date: February 19, 2013
Citation: 2013 MT 40
Docket Number: DA 12-0361

Justia Opinion Summary: Defendant was convicted of two misdemeanor sexual assaults following pleas of guilty to both offenses. In sentencing Defendant, the municipal court imposed a condition of probation that required Defendant to obtain a psy...

Stokes v. Ford Motor Co.  
Date: February 12, 2013
Citation: 2013 MT 29
Docket Number: DA 11-0713

Justia Opinion Summary: Peter Carter was driving a Ford Explorer rented from Overland West when Todd Durham's vehicle collided with Carter's vehicle. The impact caused the Explorer to roll five times, partially ejecting Carter and killing him....

Green v. Gerber  
Date: February 12, 2013
Citation: 2013 MT 35
Docket Number: DA 12-0054

Justia Opinion Summary: Plaintiff was driving her vehicle on a public highway when she was struck by a truck owned by Stockton Oil Company (Stockton) and driven by Ronald Gerber. Plaintiff filed a complaint against Stockton and Gerber seeking d...

State v. Haldane
Date: February 12, 2013
Citation: 2013 MT 32
Docket Number: DA 12-0055
State v. Haldane  
Date: February 12, 2013
Citation: 2013 MT 32
Docket Number: DA 12-0055

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence of alcohol. The district court affirmed the municipal court's denial of Defendant's motion to suppress that had challenged the particularized sus...

Britton v. Brown  
Date: February 12, 2013
Citation: 2013 MT 30
Docket Number: DA 12-0192

Justia Opinion Summary: Defendant jointly owned real property as tenants in common with her sister, Plaintiff. Plaintiff filed a partition action, seeking equitable partition of the property or, in the alternative, a forced sale of the property...

In re J.S.W.  
Date: February 12, 2013
Citation: 2013 MT 34
Docket Number: DA 12-0245

Justia Opinion Summary: After Respondent voluntarily admitted herself to the behavioral health unit of a hospital, Respondent requested to be discharged. However, the county attorney's office filed a petition requesting that Respondent be commi...

Public Land Water v. Jones
Date: February 12, 2013
Citation: 2013 MT 31
Docket Number: DA 12-0289
Pub. Land/Water Access Ass'n, Inc. v. Jones  
Date: February 12, 2013
Citation: 2013 MT 31
Docket Number: DA 12-0289

Justia Opinion Summary: This was the fourth appeal involving public access across Appellee's Teton County property. In previous litigation, Public Land/Water Access Association established public prescriptive easements over two roads and a brid...

Situ v. Smole  
Date: February 12, 2013
Citation: 2013 MT 33
Docket Number: DA 12-0329

Justia Opinion Summary: Plaintiffs acquired the assets of a restaurant. Defendant owned the real property on which the building was located. Plaintiffs and Defendant entered into an agreement granting Plaintiffs a ten-year lease of Defendant's...

Gunderson v. State
Date: February 12, 2013
Citation: 2013 MT 36N
Docket Number: DA 12-0376
State v. Rodney P. DeAvila
Date: February 12, 2013
Citation: 2013 MT 37N
Docket Number: DA 12-0380
State v. Whalen  
Date: February 5, 2013
Citation: 2013 MT 26
Docket Number: DA 11-0134

Justia Opinion Summary: Defendant pled guilty to one count of felony negligent vehicular assault and one count of felony criminal endangerment. The district court sentenced Defendant to the Department of Corrections for six years with eighteen...

N. Cheyenne Tribe v. Roman Catholic Church  
Date: February 5, 2013
Citation: 2013 MT 24
Docket Number: DA 12-0010

Justia Opinion Summary: Defendants in this suit included the St. Labre Indian Education Association, Inc. and the St. Labre Home for Indian Children and Youth (collectively, St. Labre). After St. Labre experienced a decrease in government fundi...

Olsen v. Johnston  
Date: February 5, 2013
Citation: 2013 MT 25
Docket Number: DA 12-0266

Justia Opinion Summary: Kristy Johnston, Judy Olsen, and their mother, Joyce Johnston, owned real property as tenants in common. Joyce left her one-third interest in the property to Kristy when she died. Kristy sent a letter to Judy in 2009 in...

Larry Adams v. State
Date: February 5, 2013
Citation: 2013 MT 23N
Docket Number: DA 12-0271
DaSilva v. State
Date: February 5, 2013
Citation: 2013 MT 28N
Docket Number: DA 12-0413
DaSilva v. State
Date: February 5, 2013
Citation: 2013 MT 28N
Docket Number: DA 12-0413
Spinks v. Whipple Lambert
Date: February 5, 2013
Citation: 2013 MT 27N
Docket Number: DA 12-0465
Simpson v. Simpson  
Date: January 31, 2013
Citation: 2013 MT 22
Docket Number: DA 11-0781

Justia Opinion Summary: Larissa Simpson filed a petition for dissolution of her marriage to Dennis, citing serious marital discord. As part of the dissolution, Dennis and Larissa entered into a property settlement agreement and a stipulated fin...

IN RE THE RULES FOR ADMISSION TO TH
Date: January 30, 2013
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: January 30, 2013
Docket Number: AF 11-0244
Harris vs. Montana et al.
Date: January 29, 2013
Citation: 2013 MT 16
Docket Numbers: DA 11-0260, DA 12-0191
Harris v. State  
Date: January 29, 2013
Citation: 2012 MT 16
Docket Number: DA 11-0260

Justia Opinion Summary: Plaintiff was employed by the Department of Corrections (DOC) as a correctional officer at the Montana State Prison. After a taser training was held at the DOC Center, Plaintiff filed a complaint against the State, the D...

Lucas v. Stevenson  
Date: January 29, 2013
Citation: 2013 MT 15
Docket Number: DA 12-0165

Justia Opinion Summary: Tamara Lucas and her husband James brought a legal malpractice claim against attorney Mat Stevenson after they hired Stevenson to defend James against criminal charges and to represent them in a civil suit against the ci...

In re Marriage of Klatt  
Date: January 29, 2013
Citation: 2013 MT 17
Docket Number: DA 12-0205

Justia Opinion Summary: After Mother filed a petition for dissolution of her marriage to Father, the parties entered a marital dissolution agreement and parenting plan providing that the parties would share alternate two weeks of parenting with...

Kelly v. State  
Date: January 29, 2013
Citation: 2013 MT 21
Docket Number: DA 12-0217

Justia Opinion Summary: Without entering a plea bargain agreement with the State, Defendant pled guilty to a felony DUI charge and admitted he violated the terms of the suspended sentence he was serving for a previous DUI conviction. The distri...

State v. Randall L. Stone
Date: January 29, 2013
Citation: 2013 MT 18N
Docket Number: DA 12-0221
Thompson v. J.C. Billion, Inc.  
Date: January 29, 2013
Citation: 2013 MT 20
Docket Number: DA 12-0244

Justia Opinion Summary: Plaintiff worked as the manager of Defendant's automotive services and repair facility for more than one year. During his tenure, Plaintiff worked 819 hours in overtime but did not receive overtime pay under his employme...

State v. Kime  
Date: January 29, 2013
Citation: 2013 MT 14
Docket Number: DA 12-0320

Justia Opinion Summary: The State charged Defendant with felony driving under the influence of alcohol and careless driving. The State filed notice that it intended to seek persistent felony offender status for Defendant due to Defendant's prev...

Marriage of Rahn
Date: January 29, 2013
Citation: 2013 MT 19N
Docket Number: DA 12-0385
State v. Andress  
Date: January 22, 2013
Citation: 2013 MT 12
Docket Number: DA 11-0297

Justia Opinion Summary: Defendant was arrested and charged with violating a permanent order of protection. While incarcerated, Defendant was charged with tampering with a witness. Following a jury trial, Defendant was convicted on both counts....

Johnson v. State
Date: January 22, 2013
Citation: 1013 MT 9N
Docket Number: DA 11-0386
State v. Bekemans  
Date: January 22, 2013
Citation: 2013 MT 11
Docket Number: DA 11-0630

Justia Opinion Summary: Brandon Davis was killed when the vehicle that he was driving collided with a small bus, owned by Defendant, that was parked in the middle of the interstate. Defendant was convicted of felony criminal endangerment, faili...

State v. Catherine J. Acord
Date: January 22, 2013
Citation: 2013 MT 8N
Docket Number: DA 12-0233
State v. Fehringer  
Date: January 22, 2013
Citation: 2013 MT 10
Docket Number: DA 12-0238

Justia Opinion Summary: After a justice court bench trial, Defendant was convicted and sentenced for partner or family member assault. The district court affirmed the conviction. The Supreme Court affirmed, holding (1) the justice court jury wa...

Thrivent Fin. for Lutherans v. Andronescu  
Date: January 22, 2013
Citation: 2013 MT 13
Docket Number: OP 12-0408

Justia Opinion Summary: Brent Anderson purchased life insurance from Insurer and named three beneficiaries under the policy: (1) his then-wife, Lucia, (2) his parents, and (3) his sister. Brent and Lucia subsequently divorced. Later that year,...

Marriage of Perry
Date: January 15, 2013
Citation: 2013 MT 6
Docket Number: DA 11-0704
In re Marriage of Perry  
Date: January 15, 2013
Citation: 2013 MT 6
Docket Number: DA 11-0704

Justia Opinion Summary: Terance Perry filed for dissolution of his marriage to Karen Perry. Terance named Gail Goheen as his counsel of record. Karen filed a motion to disqualify Goheen after speaking with Goheen over the telephone. Before the...

Total Indust. Plant Servs. v. Turner Indust. Group, LLC  
Date: January 15, 2013
Citation: 2013 MT 5
Docket Number: DA 11-0769

Justia Opinion Summary: This appeal stemmed from a construction contract dispute between Total Industrial Plant Services, Inc. (TIPS) and Turner Industries Group, LLC (Turner). Fidelity and Deposit Company of Maryland (Fidelity) was the surety...

Bruce v. National City Mortgage
Date: January 15, 2013
Citation: 2013 MT 7N
Docket Number: DA 12-0350
State v. E.M.R.  
Date: January 8, 2013
Citation: 2013 MT 3
Docket Number: DA 11-0627

Justia Opinion Summary: After a jury trial, the youth court found that E.M.R., a youth under the age of eighteen, had committed five misdemeanor offenses of "dog at large" and one felony offense of aggravated animal cruelty. The convictions ste...

Steichen v. Talcott Props., LLC  
Date: January 8, 2013
Citation: 2013 MT 2
Docket Number: DA 11-0778

Justia Opinion Summary: Defendant owned a building and leased spaced in the building to Company. Plaintiff worked as an independent contractor for Company, providing cleaning services. After Plaintiff injured himself while working in Defendant'...

State v. Murry
Date: January 8, 2013
Citation: 2013 MT 4N
Docket Number: DA 12-0326
Boyne USA, Inc. v. Spanish Peaks Dev., LLC  
Date: January 2, 2013
Citation: 2013 MT 1
Docket Number: DA 12-0094

Justia Opinion Summary: Boyne USA, Inc. filed an action for breach of contract against Blixseth Group, Inc. that covered a land sale for fifteen acres of property, seeking specific performance. Boyne joined Yellowstone Mountain Club, LLC (Yello...

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