Montana Supreme Court Decisions 2013
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…
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…
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…
Date: December 13, 2013
Citation: 2013 MT 373
Docket Numbers: DA 12-0712, DA 18-0552
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,…
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…
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…
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…
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…
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…
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…
Date: December 3, 2013
Citation: 2013 MT 362N
Docket Number: DA 13-0130
Date: December 3, 2013
Citation: 2013 MT 360N
Docket Number: DA 13-0144
Date: December 3, 2013
Citation: 2013 MT 361N
Docket Number: DA 13-0206
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.…
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…
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…
Date: November 26, 2013
Citations: 2013 MT 297, 2013 MT 297A
Docket Number: DA 11-0498
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…
Date: November 26, 2013
Citation: 2013 MT 356N
Docket Number: DA 13-0334
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…
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…
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…
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…
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…
Date: November 14, 2013
Citation: 2013 MT 346
Docket Number: DA 13-0235
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…
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…
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…
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…
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…
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…
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…
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'…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
Date: October 16, 2013
Citation: 2013 MT 306
Docket Number: DA 13-0026
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…
Date: October 16, 2013
Citation: 2013 MT 305N
Docket Number: DA 13-0236
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…
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…
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…
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…
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…
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…
Date: October 8, 2013
Citations: 2013 MT 295, 2013 MT 295N
Docket Number: DA 13-0036
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…
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.…
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…
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…
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.…
Date: September 24, 2013
Citation: 2013 MT 279N
Docket Number: DA 12-0372
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…
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…
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…
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;…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: September 3, 2013
Citation: 2013 MT 249N
Docket Number: DA 13-0074
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…
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…
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…
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,…
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.…
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…
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…
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…
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."…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
Date: July 30, 2013
Citation: 2013 MT 213N
Docket Number: DA 13-0091
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…
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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: June 27, 2013
Citation: 2007 MT 334
Docket Number: AF 07-0016
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…
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…
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.…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
Date: May 8, 2013
Citation: 2007 MT 334
Docket Number: AF 07-0016
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: February 27, 2013
Citation: 2013 MT 49N
Docket Number: DA 12-0228
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: January 29, 2013
Citation: 2013 MT 16
Docket Numbers: DA 11-0260, DA 12-0191
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…
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…
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…
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…
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…
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…
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.…
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,…
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…
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,…
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…
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…
Date: January 15, 2013
Citation: 2013 MT 7N
Docket Number: DA 12-0350
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…
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…
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…
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