Montana Supreme Court Decisions 2014

State v. Piller  
Date: December 30, 2014
Citation: 2014 MT 342
Docket Number: DA 12-0742

Justia Opinion Summary: In 1988, Defendant pled guilty to sexual intercourse without consent and was sentenced to thirty years imprisonment with ten years suspended. In 1992, Defendant escaped from prison. After he was apprehended, he was convi...

State v. Nichols  
Date: December 30, 2014
Citation: 2014 MT 343
Docket Number: DA 13-0163

Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexual assault and sexual intercourse without consent. Defendant appealed, raising three allegations of error. The Supreme Court reversed, holding that the district court...

State v. Hanna  
Date: December 30, 2014
Citation: 2014 MT 346
Docket Number: DA 13-0543

Justia Opinion Summary: After a jury trial, Defendant was convicted of accountability for robbery. Defendant was sentenced to thirty years imprisonment with ten years suspended and ordered to pay restitution in an unspecified amount. The Suprem...

Marriage of Rannebarger
Date: December 30, 2014
Citation: 2014 MT 347N
Docket Number: DA 14-0060
Matter of S.B.C.  
Date: December 30, 2014
Citation: 2014 MT 345
Docket Number: DA 14-0084

Justia Opinion Summary: S.B.C. was a Naive American child whose biological parents were enrolled members of the Blackfeet Tribe (Tribe). When S.B.C. was approximately four months old he was removed from Mother’s care and placed with Foster Moth...

In re Marriage of Buck  
Date: December 30, 2014
Citation: 2014 MT 344
Docket Number: DA 14-0104

Justia Opinion Summary: In 1998, Steven and Susan Buck were married in California. For the next twenty years, the Bucks lived outside of the United States. In 2001, while living in Indonesia, the Bucks purchased land near Kalispell and built a...

State v. Urziceanu
Date: December 23, 2014
Citation: 2014 MT 338N
Docket Number: DA 13-0344
State v. Shaffer
Date: December 23, 2014
Citation: 2014 MT 340N
Docket Number: DA 13-0355
State v. White  
Date: December 23, 2014
Citation: 2014 MT 335
Docket Number: DA 13-0589

Justia Opinion Summary: After a jury-waived trial, Defendant was found guilty of assault with a weapon and sentenced to twenty years with the Department of Public Health and Human Services. Defendant appealed, arguing that the district court (1...

State v. White  
Date: December 23, 2014
Citation: 2014 MT 335
Docket Number: DA 13-0589

Justia Opinion Summary: After a bench trial, Defendant was found guilty of assault with a weapon and sentenced to twenty years with the Department of Public Health and Human Services. Defendant appealed, arguing that the district court erred by...

Wyo-Ben, Inc. v. Bixby  
Date: December 23, 2014
Citation: 2014 MT 334
Docket Number: DA 13-0831

Justia Opinion Summary: The Bixby family owned approximately one-third of Wyo-Ben’s class A stock. In 2011, Wyo-Ben’s shareholders voted to reclassify the shares to give class B shares the right to vote, which resulted in an overall decrease to...

In re Marriage of Marez  
Date: December 23, 2014
Citation: 2014 MT 333
Docket Number: DA 14-0128

Justia Opinion Summary: In 2003, the marriage of Tonia Marez and David Marshall was dissolved by decree. For the next decade, the parties were involved in a bitter dispute over the parenting of their minor daughter. In 2013, after the daughter...

In re Estate of Corrigan  
Date: December 23, 2014
Citation: 2014 MT 337
Docket Number: DA 14-0132

Justia Opinion Summary: In 2008, William Corrigan filed for a divorce from his wife, Mary Helen Corrigan. The district court issued temporary restraining order (TRO) that prohibited William and Mary from changing the beneficiaries of any insura...

Bates v. Neva  
Date: December 23, 2014
Citation: 2014 MT 336
Docket Number: DA 14-0171

Justia Opinion Summary: Plaintiff, who leased commercial property from Defendant, filed a complaint with the Montana Human Rights Bureau, alleging that Defendant violated the Montana Human Rights Act (MHRA) by sexually harassing her. The Montan...

State v. Koski
Date: December 23, 2014
Citation: 2014 MT 339N
Docket Number: DA 14-0193
Sheridan Elec. Coop, Inc. v. MT-Dak Utils.  
Date: December 23, 2014
Citation: 2014 MT 332
Docket Number: DA 14-0196

Justia Opinion Summary: In 2011, Cahill Seeds, Inc. (Cahill) began planning the construction of a new seed washing plant and submitted requests for electric service to Montana-Dakota Utilities (MDU) and Sheridan Electric Co-op, Inc. MDU subsequ...

Plouffe v. Knudson
Date: December 23, 2014
Citation: 2014 MT 341N
Docket Number: DA 14-0291
IN THE MATTER OF THE MONTANA RULES
Date: December 16, 2014
Citation: 2007 MT 334
Docket Number: AF 07-0157
ACCESS TO JUSTICE COMMISSION
Date: December 16, 2014
Docket Number: AF 11-0765
ACCESS TO JUSTICE COMMISSION
Date: December 16, 2014
Docket Number: AF 11-0765
State v. Johnston  
Date: December 16, 2014
Citation: 2014 MT 329
Docket Number: DA 13-0587

Justia Opinion Summary: Defendant was convicted of two counts of incest, one count of solicitation, and one count of sexual abuse of children. Defendant appealed, arguing that the district court abused its discretion in denying his discovery re...

Simms v. Schabacker  
Date: December 16, 2014
Citation: 2014 MT 328
Docket Number: DA 13-0788

Justia Opinion Summary: In 1999, Randall Simms was injured while on the job. Thereafter, Simms became totally disabled and, since 2006, had been receiving total disability benefits. Dr. Michael Schabacker was Simms’ workers’ compensation doctor...

State v. Bailey
Date: December 16, 2014
Citation: 2014 MT 331N
Docket Number: DA 14-0287
Burgess v. Bryan
Date: December 16, 2014
Citation: 2014 MT 330N
Docket Number: DA 14-0294
James v. Chicago Title Ins. Co.  
Date: December 9, 2014
Citation: 2014 MT 325
Docket Number: DA 13-0860

Justia Opinion Summary: In 2006, Robert and Teresa James brought a lot in a rural subdivision. At the time of the purchase, Chicago Title Insurance Company issued a title insurance policy that insured against loss or damage by reason of “lack o...

In re Marriage of Pesanti  
Date: December 9, 2014
Citation: 2014 MT 324
Docket Number: DA 14-0109

Justia Opinion Summary: In 2011, Husband filed a petition for dissolution of his marriage with Wife. In 2014, the district court entered a final decree of dissolution and entered a final parenting plan for the parties’ three minor children. Fat...

Linn v. D E Construction Inc.
Date: December 9, 2014
Citation: 2014 MT 326N
Docket Number: DA 14-0243
Bergsing v. Cardona  
Date: December 9, 2014
Citation: 2014 MT 327
Docket Number: DA 14-0314

Justia Opinion Summary: Mother filed a petition to terminate the parental rights of Father, who was incarcerated. Mother’s petition relied on Father’s alleged abandonment of the parties’ child and failure to support the child. After Father, who...

State v. Sommers  
Date: December 2, 2014
Citation: 2014 MT 315
Docket Number: DA 13-0317

Justia Opinion Summary: After a jury trial, Defendant was found guilty of driving or in actual physical control of a motor vehicle while under the influence of alcohol. During trial, the State presented no evidence that Defendant drove while un...

In re S.L.  
Date: December 2, 2014
Citation: 2014 MT 317
Docket Number: DA 13-0794

Justia Opinion Summary: After an adjudicatory hearing, the district court granted the State’s petition for the involuntary commitment of S.L., concluding that S.L. suffered from a mental disorder and citing evidence establishing that S.L. posed...

In re Marriage of Guill  
Date: December 2, 2014
Citation: 2014 MT 316
Docket Number: DA 13-0801

Justia Opinion Summary: In 2007, the district court granted dissolution of the marriage of Husband and Wife. Multiple appeals and other related cases followed. In 2013, the district court issued an amended judgment in which it revised downward...

State v. Diamond
Date: December 2, 2014
Citation: 2014 MT 321N
Docket Number: DA 13-0807
Evert v. State
Date: December 2, 2014
Citation: 2014 MT 318N
Docket Number: DA 14-0077
In re Adoption of A.W.S.  
Date: December 2, 2014
Citation: 2014 MT 322
Docket Number: DA 14-0101

Justia Opinion Summary: After Mother and Father, the parents of two children, divorced, Father married Stepmother, and the two children resided with Father and Stepmother. Stepmother filed petitions for adoption of the children and an order ter...

Salminen v. Morrison & Frampton, PLLP  
Date: December 2, 2014
Docket Number: DA 14-0179

Justia Opinion Summary: Centennial Contracting and Development, LLC (Centennial) and Leonard Investments, LLC (Leonard) obtained a judgment against Don and Susan Salminen. Morrison & Frampton law firm (Frampton) represented Centennial and Leona...

State v. Boyles
Date: December 2, 2014
Citation: 2014 MT 320N
Docket Number: DA 14-0249
Gertson v. Nash
Date: December 2, 2014
Citation: 2014 MT 319N
Docket Number: DA 14-0339
State v. Garner  
Date: November 25, 2014
Citation: 2014 MT 312
Docket Number: DA 13-0242

Justia Opinion Summary: The State charged Appellant, a forty-year-old developmentally disabled man, with three counts of felony sexual intercourse without consent and one count of felony sexual assault. Appellant pleaded guilty to sexual assaul...

State v. Hodge  
Date: November 25, 2014
Citation: 2014 MT 308
Docket Number: DA 13-0273

Justia Opinion Summary: On May 4, 2010, Defendant was arrested and cited with driving under the influence of alcohol (DUI), driving while license suspended, and traveling the wrong way on a one-way street. On September 18, 2012, Defendant filed...

Peterson-Tuell v. First Student Transp., LLC  
Date: November 25, 2014
Citation: 2014 MT 307
Docket Number: DA 13-0597

Justia Opinion Summary: After Plaintiff’s vehicle was rear-ended by a vehicle owned by Defendant, Plaintiff filed suit against Defendant, claiming negligence. Plaintiff alleged that the accident had caused a traumatic brain injury and prevented...

In re S.M.  
Date: November 25, 2014
Citation: 2014 MT 309
Docket Number: DA 13-0793

Justia Opinion Summary: The State filed a petition for the involuntary commitment of S.M., who suffers from bipolar disorder. After a hearing, the district court concluded that S.M.’s condition required commitment because she was substantially...

City of Helena v. Svee  
Date: November 25, 2014
Docket Number: DA 14-0022

Justia Opinion Summary: Section 11-41-2 of the Helena City Code (the Ordinance) places limitations on roofing materials used on structures located within the wildland-urban interface (WUI) district. The City filed suit against homeowners whose...

Livingston v. Mont. Pub. Employees Ass’n  
Date: November 25, 2014
Citation: 2014 MT 314
Docket Number: DA 14-0083

Justia Opinion Summary: Matthew Tubaugh, a police officer with the City of Livingston, was discharged from the police force after a series of incidents. Tubaugh protested his discharge pursuant to his rights under a collective bargaining agreem...

State v. Joel Boniek
Date: November 25, 2014
Citation: 2014 MT 313N
Docket Number: DA 14-0137
Higgins v. Cumber  
Date: November 25, 2014
Citation: 2014 MT 306
Docket Number: DA 14-0145

Justia Opinion Summary: In 2003, a child (Child) was born to Tracy Cumber. Steven Higgins was found to be the birth father and was designated the primary residential parent. Steven subsequently married Karen Higgins. Steven died in 2009. Tracy...

Wohl v. City of Missoula  
Date: November 25, 2014
Citation: 2014 MT 310
Docket Number: DA 14-0161

Justia Opinion Summary: After the City decided to undertake road improvements along South Avenue in Missoula, Montana, Plaintiffs, a group of landowners who owned property along South Avenue, contested the City’s assessment of the width of the...

IN RE TEMPORARY ELECTRONIC FILING R
Date: November 19, 2014
Docket Number: AF 14-0745
State v. Cleveland  
Date: November 19, 2014
Citation: 2014 MT 305
Docket Number: DA 13-0512

Justia Opinion Summary: Defendant pled guilty to criminal endangerment, driving under the influence, and being a habitual traffic offender operating a motor vehicle. The district court sentenced Defendant to a three-year suspended sentence, a f...

State v. Joel White
Date: November 18, 2014
Citation: 2014 MT 301N
Docket Number: DA 13-0172
State v. Erickson  
Date: November 18, 2014
Citation: 2014 MT 304
Docket Number: DA 13-0312

Justia Opinion Summary: Defendant was charged with aggravated assault or, in the alternative, criminal endangerment. At the close of the State’s case-in-chief, Defendant moved to dismiss for insufficient evidence, arguing that the State had not...

State v. Huey
Date: November 18, 2014
Citation: 2014 MT 303N
Docket Number: DA 13-0861
Heather Wylie v. Balaz
Date: November 18, 2014
Citation: 2014 MT 302N
Docket Number: DA 14-0168
Bilesky v. Shopko  
Date: November 14, 2014
Citation: 2014 MT 300
Docket Number: DA 14-0201

Justia Opinion Summary: Plaintiff fell at a Shopko store and was injured. Plaintiff filed suit, alleging that Shopko failed to maintain its premises in a reasonably safe condition. During the discovery process, Plaintiff requested recorded vide...

N. Pac. Ins. Co. v. Stucky  
Date: November 13, 2014
Citation: 2014 MT 299
Docket Number: OP 14-0016

Justia Opinion Summary: Calvin Stucky was injured in a motor vehicle accident. Calvin’s child, Sadee, was eighteen years old at the time of the accident. Sadee claimed damages for loss of parental services, society, or consortium, among other c...

City of Kalispell v. Gabbert  
Date: November 12, 2014
Citation: 2014 MT 296
Docket Number: DA 13-0363

Justia Opinion Summary: Defendant pleaded not guilty to driving under the influence of alcohol, obstructing a peace officer, and driving while license suspended. Defendant filed two motions to dismiss for lack of a speedy trial, contending tha...

State v. Gabbert
Date: November 12, 2014
Citation: 2014 MT 296
Docket Number: DA 13-0363
Matter of C.A.O.
Date: November 12, 2014
Citation: 2014 MT 297N
Docket Number: DA 13-0673
State v. Christensen  
Date: November 12, 2014
Citation: 2014 MT 294
Docket Number: DA 13-0685

Justia Opinion Summary: Defendant was charged with misdemeanor DUI in city court. After the prosecution discovered Defendant had three prior DUIs, the city court transferred the case to the district court but failed to dismiss the misdemeanor....

In re M.S.  
Date: November 12, 2014
Citations: 2014 MT 265, 2014 MT 265A
Docket Number: DA 13-0790

Justia Opinion Summary: Thirteen-year-old M.S. was placed into emergency protective custody in 2011. After M.S. was adjudicated a youth in need of care, the Department of Public Health and Human Services filed a petition for termination of Fath...

Northland Royalty Corp. v. Engel  
Date: November 12, 2014
Citation: 2014 MT 295
Docket Number: DA 14-0044

Justia Opinion Summary: The Northland Royalty Corporation purchased mineral rights from the personal representative of two estates and subsequently brought a quiet title action naming certain beneficiaries (“Devisees”) as defendants. The distri...

In re Marriage of Tanascu  
Date: November 12, 2014
Citation: 2014 MT 293
Docket Number: DA 14-0221

Justia Opinion Summary: In 2013, the district court entered a decree of dissolution dissolving the marriage of Wife and Husband. The district court incorporated a property settlement agreement as part of the decree. Approximately one year later...

Richards v. Short
Date: November 12, 2014
Citation: 2014 MT 298N
Docket Number: DA 14-0273
Matter of D.C. Jr. a Youth
Date: November 5, 2014
Citation: 2014 MT 292N
Docket Number: DA 13-0546
Gardner v. Gardner
Date: November 5, 2014
Citation: 2014 MT 290
Docket Number: DA 14-0231
Gardner v. Gardner  
Date: November 5, 2014
Citation: 2014 MT 290
Docket Number: DA 14-0231

Justia Opinion Summary: The paternal grandmother (Grandmother) of two minor children petitioned the district court for grandparent-grandchild contact. After a hearing, the district court granted Grandmother weekly phone contact, occasional week...

Gardner v. Gardner
Date: November 5, 2014
Citation: 2014 MT 290
Docket Number: DA 14-0231
Estate of L.D.L.
Date: November 5, 2014
Citation: 2014 MT 291N
Docket Number: DA 14-0276
State v. Ridge  
Date: October 28, 2014
Citation: 2014 MT 2088
Docket Number: DA 13-0102

Justia Opinion Summary: In 2012, Defendant pleaded guilty to bad check and bail jumping charges. The State thereafter charged Defendant with two new offenses of bail jumping for failing to appear at two sentencing proceedings in 2010 and 2011....

State v. Wunderlich
Date: October 28, 2014
Citation: 2014 MT 289N
Docket Number: DA 13-0604
Passmore v. Watson  
Date: October 28, 2014
Citation: 2014 MT 287
Docket Number: DA 13-0723

Justia Opinion Summary: In 2007, Plaintiff was convicted of several sex-related crimes. In 2008, Plaintiff was sentenced to thirty-five years imprisonment. In 2013, Plaintiff filed a pro se claim against Defendant, the attorney who defended him...

Matter of Osorio Irrevocable Trust  
Date: October 28, 2014
Citation: 2014 MT 286
Docket Number: DA 14-0043

Justia Opinion Summary: The district court entered a temporary injunction preventing Linda St. Peter, acting in her capacity as the trustee of the Osorio Irrevocable Trust, from selling a property held by the trust. Linda filed a motion for rel...

In re Guardianship of H.O.  
Date: October 28, 2014
Citation: 2014 MT 285
Docket Number: DA 14-0119

Justia Opinion Summary: In 2012, L.S.P. filed a petition in Flathead County seeking appointment as the guardian and conservator of her father, H.O., who was a resident of Flathead County at the time of the petition. H.O. subsequently moved to a...

State v. Ghostbear  
Date: October 23, 2014
Citations: 2014 MT 192, 2014 MT 192A
Docket Number: DA 13-0081

Justia Opinion Summary: After a jury trial, Appellant was convicted of sexual assault. Appellant moved that the district court sentence him to the misdemeanor penalty of a first conviction of sexual assault under Mont. Code Ann. 45-5-502(2)(a)...

Matter of DDM Youth
Date: October 21, 2014
Citation: 2014 MT 283N
Docket Number: DA 13-0215
Kenser v. Premium Nail Concepts, Inc.  
Date: October 21, 2014
Citation: 2014 MT 280
Docket Number: DA 13-0499

Justia Opinion Summary: Plaintiff, who operated a nail salon, used a liquid acrylic nail product repackaged and distributed by Premium Nail Concepts, Inc. (PNC). After Plaintiff was diagnosed with a sensitization to ethyl methacrylate, a chemic...

State v. Robertson  
Date: October 21, 2014
Citation: 2014 MT 279
Docket Number: DA 13-0515

Justia Opinion Summary: After a jury trial, Carri Robertson and Joseph Robertson were found guilty of criminal trespass and theft. The Supreme Court affirmed the theft convictions, vacated the trespass convictions, and remanded the written judg...

623 Partners v. Hunter
Date: October 21, 2014
Citation: 2014 MT 282N
Docket Number: DA 13-0847
Sayler v. DOLI
Date: October 21, 2014
Citations: 2014 MT 255, 2014 MT 255A
Docket Number: DA 14-0035
Shockley v. Cascade County  
Date: October 21, 2014
Docket Number: DA 14-0111

Justia Opinion Summary: Appellant petitioned for release of certain documents under the Right to Know provision of Mont. Const. art. II, 9 from the Cascade County Attorney relating to the termination of a county detention officer, Jason Carroll...

State v. Kenneth A. Allen
Date: October 21, 2014
Citation: 2014 MT 284N
Docket Number: DA 14-0176
Billings Yellow Cab, LLC v. State ex rel. Pub. Serv. Comm’n  
Date: October 14, 2014
Citation: 2014 MT 275
Docket Number: DA 13-0830

Justia Opinion Summary: After Senate Bill 140 was enacted in 2011, Billings Yellow Cab, LLC applied to the Public Service Commission (PSC) for issuance of a certificate of public convenience and necessity (PCN certificate) as a grandfathered en...

State v. Hogsten
Date: October 14, 2014
Citation: 2014 MT 277N
Docket Number: DA 14-0006
Slagter v. Citibank
Date: October 14, 2014
Citation: 2014 MT 276N
Docket Number: DA 14-0051
Matter of K.M.L. T.J.L. T.J.L.
Date: October 14, 2014
Citation: 2014 MT 278N
Docket Number: DA 14-0203
City of Missoula v. Armitage  
Date: October 9, 2014
Citation: 2014 MT 274
Docket Number: DA 14-0024

Justia Opinion Summary: Defendant entered a conditional guilty plea to the charge of operating a vehicle with a blood alcohol concentration of 0.08 or more. Defendant appealed, arguing that the municipal court erred in denying her motion to sup...

State v. Franks  
Date: October 8, 2014
Citation: 2014 MT 273
Docket Number: DA 13-0385

Justia Opinion Summary: After a jury trial, Appellant was convicted of sexual intercourse without consent and sexual assault. Appellant moved for a new trial and acquittal, arguing, among other things, that testimony at trial failed to bear out...

Eldorado Co-op Canal Co., Lower Teton Joint Objectors  
Date: October 7, 2014
Citation: 2014 MT 272
Docket Number: DA 13-0709

Justia Opinion Summary: In 2011, the Lower Teton Joint Objectors, water users who hold appropriation rights from the lower Teton River in Chouteau County, commenced an action claiming that the Water Commissioners’ practice of diverting water ou...

State v. Daniels
Date: October 7, 2014
Citation: 2014 MT 270N
Docket Number: DA 13-0728
Beaverhead County v. Mont. Ass’n of Counties Joint Powers Ins. Auth.  
Date: October 7, 2014
Citation: 2014 MT 267
Docket Number: DA 13-0853

Justia Opinion Summary: Beaverhead County selected Coleman Construction to complete a stream rehabilitation and bridge replacement project. Coleman was unable to finish the project on time or for the amount of money it had estimated. Coleman su...

Holliday v. State
Date: October 7, 2014
Citation: 2014 MT 268N
Docket Number: DA 14-0066
LR Ranch v. Murnion
Date: October 7, 2014
Citation: 2014 MT 269N
Docket Number: DA 14-0103
Huset v. Board of Labor Appeals
Date: October 7, 2014
Citation: 2014 MT 271N
Docket Number: DA 14-0268
State v. Bergman
Date: September 30, 2014
Citation: 2014 MT 263N
Docket Number: DA 13-0316
State v. Bergman
Date: September 30, 2014
Citation: 2014 MT 263N
Docket Number: DA 13-0316
In re Estate of Mead  
Date: September 30, 2014
Citation: 2014 MT 264
Docket Number: DA 13-0772

Justia Opinion Summary: Robert Mead died in 2011, survived by his daughters, Roberta Jean Mead and Bobbi Jo Harr. Roberta initiated intestate proceedings, but Bobbi Jo petitioned for formal probate of Robert’s purported will. Roberta and Bobbi...

In re M.S.  
Date: September 30, 2014
Citation: 2014 MT 265
Docket Number: DA 13-0790

Justia Opinion Summary: Thirteen-year-old Child was removed from her parents’ care and placed into protective custody after her mother was arrested for possessing dangerous drugs with intent to distribute. Thereafter, Child was adjudicated a yo...

State v. Charles Hansen
Date: September 30, 2014
Citation: 2014 MT 262N
Docket Number: DA 14-0038
Avery v. Batista et al.
Date: September 30, 2014
Citation: 2014 MT 266
Docket Number: OP 14-0058
Avery v. Batista  
Date: September 30, 2014
Docket Number: OP 14-0058

Justia Opinion Summary: Petitioner pled guilty to and was convicted of one count of sexual intercourse without consent. The district court sentenced Petitioner to thirty years imprisonment, with twenty years suspended. Petitioner subsequently s...

State v. Donald Rogers
Date: September 23, 2014
Citation: 2014 MT 258N
Docket Number: DA 12-0743
In re N.A.  
Date: September 23, 2014
Citation: 2014 MT 257
Docket Number: DA 13-0313

Justia Opinion Summary: The State filed a petition for the involuntary commitment of N.A. After a hearing on the State’s commitment petition, the district court orally announced its findings that N.A. had a mental disorder requiring a community...

State v. Michael Moullet
Date: September 23, 2014
Citation: 2014 MT 261N
Docket Number: DA 13-0555
Bank of Red Lodge v. Western Invest
Date: September 23, 2014
Citation: 2014 MT 259N
Docket Number: DA 13-0722
Tackett v. Duncan  
Date: September 23, 2014
Citation: 2014 MT 253
Docket Number: DA 13-0818

Justia Opinion Summary: All but one of the events giving rise to Plaintiff’s claims occurred in Florida. Plaintiff sued Defendants, alleging that Defendants had procured a wire transfer from Plaintiff to a public adjusting company under false p...

Sayler v. Dep’t of Labor & Indus., Ins. Div.  
Date: September 23, 2014
Citation: 2014 MT 255
Docket Number: DA 14-0035

Justia Opinion Summary: Petitioner, the owner and president of a Montana corporation, stopped paying himself a salary but continued working. Petitioner applied for and received unemployment benefits but reported to the State of Montana Departme...

Carl v. Deutsche Bank
Date: September 23, 2014
Citation: 2014 MT 260N
Docket Number: DA 14-0105
Mines Mgmt., Inc. v. Fus  
Date: September 23, 2014
Citation: 2014 MT 256
Docket Number: DA 14-0112

Justia Opinion Summary: Mines Management, Inc., Newhi, Inc., and Montanore Minerals Corp. (collectively, MMC) sued Defendants, challenging the validity of Defendants’ unpatented mining claims and asserting several tort claims. The district cour...

In re Estate of Kelly  
Date: September 23, 2014
Citation: 2014 MT 254
Docket Number: DA 14-0150

Justia Opinion Summary: After executing her last will and testament in Montana, Laura Jean Kelly, who neither married nor had children, died at age sixty-two. Laura’s siblings petitioned the district court for a determination that Laura’s inter...

Uniform District Court Rules
Date: September 16, 2014
Docket Number: AF 07-0110
Uniform District Court Rules
Date: September 16, 2014
Docket Number: AF 07-0110
IN THE MATTER OF THE MONTANA RULES
Date: September 16, 2014
Citation: 2007 MT 334
Docket Number: AF 07-0157
State v. Nauman  
Date: September 16, 2014
Citation: 2014 MT 248
Docket Number: DA 13-0157

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to failure to register as a sexual or violent offender. The district court sentenced Defendant to Montana State Prison, not to the Department of Corrections as agreed -...

State v. Nauman
Date: September 16, 2014
Citation: 2014 MT 248
Docket Number: DA 13-0157
Marks v. 71 Ranch  
Date: September 16, 2014
Citation: 2014 MT 250
Docket Number: DA 13-0489

Justia Opinion Summary: The predecessor in interest to 71 Ranch filed statements of claim for four right rights located on Confederate Creek (Creek Rights), describing a new point of diversion and place of use for the Creek Rights. Donald Marks...

State v. Passmore  
Date: September 16, 2014
Citation: 2014 MT 249
Docket Number: DA 13-0622

Justia Opinion Summary: After a jury trial, Appellant was convicted of felony sexual intercourse without consent and felony sexual assault. Defendant was sentenced to a term of imprisonment and ordered to pay restitution to compensate the victi...

Thieltges v. Royal Alliance Assocs., Inc.  
Date: September 16, 2014
Citation: 2014 MT 247
Docket Number: DA 14-0120

Justia Opinion Summary: Based on advice from a licensed securities salesperson registered with Royal Alliance Associates, Inc., two ranching organizations and a family farmer (collectively, Appellants) invested in certain properties that eventu...

Matter of A.S.W. YINC
Date: September 16, 2014
Citation: 2014 MT 251N
Docket Number: DA 14-0144
Robinson v. Billings Clinic
Date: September 16, 2014
Citation: 2014 MT 252N
Docket Number: DA 14-0174
State v. Daniel Mahoney
Date: September 10, 2014
Citation: 2014 MT 244N
Docket Number: DA 13-0527
Malcomson v. Liberty Northwest  
Date: September 10, 2014
Citation: 2014 MT 242
Docket Number: DA 13-0610

Justia Opinion Summary: Petitioner, who was injured while performing her work duties, filed a workers’ compensation claim. Liberty Northwest (Liberty), the insurer for the claim, terminated Petitioner’s temporary partial disability (TPD) benefi...

Matter of K.R.W-B. A Youth
Date: September 10, 2014
Citation: 2014 MT 245N
Docket Number: DA 13-0615
Matter of K.R.W-B. A Youth
Date: September 10, 2014
Citation: 2014 MT 245N
Docket Number: DA 13-0615
Creason v. Hews
Date: September 10, 2014
Citation: 2014 MT 243N
Docket Number: DA 13-0851
Makarchuk v. State
Date: September 10, 2014
Citation: 2014 MT 246N
Docket Number: DA 14-0082
State v. Zunick  
Date: September 9, 2014
Citation: 2014 MT 239
Docket Number: DA 13-0812

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to felony criminal endangerment and misdemeanor aggravated driving under the influence. At a sentencing hearing, the State, as agreed, recommended a six-year commitm...

Munyan v. Kincheloe
Date: September 9, 2014
Citation: 2014 MT 240N
Docket Number: DA 14-0094
Estate of Benjamin
Date: September 9, 2014
Citation: 2014 MT 241
Docket Number: DA 14-0116
In re Estate of Benjamin  
Date: September 9, 2014
Citation: 2014 MT 241
Docket Number: DA 14-0116

Justia Opinion Summary: After Norman Benjamin, the father of Delmar and Cecil, passed away, Cecil, who was named personal representative in Norman’s will, filed a petition for determination of testacy, for determination of devisees and for sett...

State v. Strom  
Date: September 2, 2014
Citation: 2014 MT 234
Docket Number: DA 13-0323

Justia Opinion Summary: Defendant was a passenger in a van that was parked at a park. A police officer parked behind the van, approached the van, and asked the driver for her driver’s license and Defendant for identification. After learning tha...

Hardman v. State
Date: September 2, 2014
Citation: 2014 MT 236N
Docket Number: DA 13-0524
Matter of L.D.L.B.
Date: September 2, 2014
Citation: 2014 MT 237N
Docket Number: DA 13-0731
State v. Winter  
Date: September 2, 2014
Citation: 2014 MT 235
Docket Number: DA 13-0802

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of deliberate homicide. The Supreme Court remanded the case to correct illegal portions of the sentence. On remand, the district court filed a first amended ju...

Marriage of Devine
Date: September 2, 2014
Citation: 2014 MT 238N
Docket Number: DA 14-0005
Shawn Weller v. State
Date: August 26, 2014
Citation: 2014 MT 233N
Docket Number: DA 13-0823
Miller v. Kirkegard
Date: August 26, 2014
Citation: 2014 MT 232N
Docket Number: DA 14-0222
LeMond v. Yellowstone Development
Date: August 20, 2014
Citations: 2014 MT 181, 2014 MT 181A
Docket Number: DA 13-0383
State v. Minett  
Date: August 19, 2014
Citation: 2014 MT 225
Docket Number: DA 13-0164

Justia Opinion Summary: After a jury trial, Defendant was convicted of the offenses of felony DUI and criminal endangerment. Defendant appealed, arguing that the district court erred by denying his motion to suppress the results of a blood alco...

State v. Zlahn
Date: August 19, 2014
Citation: 2014 MT 224
Docket Number: DA 13-0184
State v. Zlahn  
Date: August 19, 2014
Citation: 2014 MT 224
Docket Number: DA 13-0184

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a weapon, criminal endangerment, and tampering with or fabricating physical evidence. The district court sentenced Defendant to a total of thirty years in priso...

State v. Lamarr  
Date: August 19, 2014
Citation: 2014 MT 222
Docket Number: DA 13-0272

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of misdemeanor assault. Defendant appealed, arguing that the justice court erred in admitting testimony regarding threats and an assault allegedly committed by Def...

State v. Chafee  
Date: August 19, 2014
Citation: 2014 MT 226
Docket Number: DA 13-0332

Justia Opinion Summary: After a jury trial, Defendant was convicted of accountability for arson, a felony, and accountability for theft, a felony. The Supreme Court reversed, holding (1) defense counsel’s failure to offer a “mere presence” jury...

In re A.M.  
Date: August 19, 2014
Citation: 2014 MT 221
Docket Number: DA 13-0557

Justia Opinion Summary: The State filed a petition for involuntary commitment of A.M. The district court appointed the Office of the State Public Defender to represent A.M. No friend was appointed. At an initial hearing at which A.M. appeared w...

State v. Leachman
Date: August 19, 2014
Citation: 2014 MT 231N
Docket Number: DA 13-0627
Fergusson v. Esch et al
Date: August 19, 2014
Citation: 2014 MT 227N
Docket Number: DA 13-0752
Haagenson v. State  
Date: August 19, 2014
Citation: 2014 MT 223
Docket Number: DA 13-0755

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pled no contest to the felony offense of mitigated deliberate homicide. Appellant subsequently filed a motion to withdraw his no contest plea, which the district court denied. Appe...

Jenkins v. U.S. Bank
Date: August 19, 2014
Citation: 2014 MT 229N
Docket Number: DA 13-0838
Montagna v. State
Date: August 19, 2014
Citation: 2014 MT 228N
Docket Number: DA 14-0042
Marriage of Strieter
Date: August 19, 2014
Citation: 2014 MT 230N
Docket Number: DA 14-0134
Schuster v. Yellowstone County
Date: August 12, 2014
Citation: 2014 MT 218N
Docket Number: DA 13-0468
State v. Mittelstedter
Date: August 12, 2014
Citation: 2014 MT 217N
Docket Number: DA 13-0566
In re Parenting of G.J.A.  
Date: August 12, 2014
Citation: 2014 MT 215
Docket Number: DA 13-0665

Justia Opinion Summary: Christine Deafenbaugh and Jeremy Anderson had one child together, G.J.A. After Anderson and Deafenbaugh separated, Anderson filed a petition for a parenting plan and child support. The district court referred the matter...

Sharp v. Eureka  
Date: August 12, 2014
Citation: 2014 MT 216
Docket Number: DA 13-0714

Justia Opinion Summary: Within thirty days of the Town of Eureka’s passage of an annexation ordinance Darrell Sharp filed a petition naming himself, his wife, and “John Does 1-200” as petitioners. After the thirty-day deadline for filing the pe...

Matter of J.N.
Date: August 12, 2014
Citation: 2014 MT 219N
Docket Number: DA 13-0795
Matter of J.S. M.S.
Date: August 12, 2014
Citation: 2014 MT 220N
Docket Number: DA 13-0796
Matter of J.S. M.S.
Date: August 12, 2014
Citation: 2014 MT 220N
Docket Number: DA 13-0796
Citizens for Balanced Use v. Fish, Wildlife & Parks Comm’n  
Date: August 12, 2014
Citation: 2014 MT 214
Docket Number: DA 14-0046

Justia Opinion Summary: Plaintiffs filed claims against the Montana Fish, Wildlife & Parks Commission (FWP) for violating their rights to know and participate under Sections 8 and 9, Article II, of the Montana Constitution by, among other thing...

State v. Eisenzimer  
Date: August 5, 2014
Citation: 2014 MT 208
Docket Number: DA 12-0720

Justia Opinion Summary: Defendant was arrested for and convicted of obstructing a peace officer. Defendant appealed, and the district court conducted a trial de novo. During trial, Defendant moved to dismiss the charge for insufficient evidence...

State v. Chilinski  
Date: August 5, 2014
Citation: 2014 MT 206
Docket Number: DA 13-0151

Justia Opinion Summary: Defendant was charged with ninety-one counts of felony cruelty to animals after law enforcement officers applied for and obtained a warrant to search Defendant’s home and kennels, where Defendant bred Malamutes. The dogs...

Lewis & Clark County v. Hampton  
Date: August 5, 2014
Citation: 2014 MT 207
Docket Number: DA 13-0420

Justia Opinion Summary: This case arose from a restriction placed on a certain parcel of real property providing that the land would be used exclusively for agricultural purposes. Greg Hampton, a developer, requested the consent of Lewis and Cl...

City of Missoula v. Iosefo  
Date: August 5, 2014
Citation: 2014 MT 209
Docket Number: DA 13-0536

Justia Opinion Summary: Defendant was charged with, among other offenses, aggravated DUI. Defendant filed a motion to suppress, arguing that Mark Fiorentino, an off-duty officer who arrested Defendant, lacked probable cause to effectuate a citi...

State v. Carter  
Date: August 5, 2014
Citation: 2014 MT 211
Docket Number: DA 13-0544

Justia Opinion Summary: Defendant entered pleas of nolo contendere to five offenses committed in 2007, including theft. On the theft offense, the district court sentenced Defendant to imprisonment for ten years, with five years suspended. After...

Westmoreland Res., Inc. v. Dep’t of Revenue  
Date: August 5, 2014
Citation: 2014 MT 212
Docket Number: DA 13-0547

Justia Opinion Summary: Westmoreland Resources Inc. (WRI) mines coal owned by the Crow Tribe and pays coal severance and gross proceeds taxes to the Tribe. In 2005, WRI filed a tax return with the Department of Revenue for coal produced and sol...

In re Marriage of Richards  
Date: August 5, 2014
Citation: 2014 MT 213
Docket Number: DA 13-0675

Justia Opinion Summary: Mark Richards and Dianna Richards were married in 1987 and separated in 2007. Dianna filed a petition for dissolution of marriage in 2008. In 2013, the district court issued a decree of dissolution. Mark appealed the cou...

In re Marriage of Rintoul  
Date: August 5, 2014
Citation: 2014 MT 210
Docket Number: DA 13-0729

Justia Opinion Summary: Russell Rintoul and Karen Rintoul were married for thirty-eight years before filing a petition for dissolution in 2012. The district court found that the “vast majority” of the parties’ assets had either been gifts from...

Tidyman s et al. v. Davis et al.  
Date: August 1, 2014
Citation: 2014 MT 205
Docket Number: DA 13-0228

Justia Opinion Summary: In 2010, plaintiffs and Tidyman’s Management Services Inc. (TMSI) filed a complaint against Michael A. Davis and John Maxwell in their capacities as officers and directors of TMSI and/or its subsidiary, Tidyman’s LLC, al...

Matter of B.B. a Youth
Date: July 30, 2014
Citation: 2014 MT 204N
Docket Number: DA 13-0230
State v. Walter
Date: July 30, 2014
Citation: 2014 MT 203N
Docket Number: DA 13-0495
State v. Simpson
Date: July 29, 2014
Citation: 2014 MT 202N
Docket Number: DA 13-0309
Hansard v. McLean  
Date: July 29, 2014
Citation: 2014 MT 199
Docket Number: DA 13-0469

Justia Opinion Summary: Hansard Mining, Inc. and Donald Hansard (the Hansards) sought resolution of a dispute with Barry McLean and the Estate of Glen Harold McLean (the McLeans) concerning overlapping property rights. The parties’ competing cl...

Gibbs v. Altenhofen  
Date: July 29, 2014
Citation: 2014 MT 200
Docket Number: DA 13-0642

Justia Opinion Summary: James Altenhofen was the trustee of the Gibbs’ family trust and Delwin Nordtvedt was the successor trustee. Nordtvedt filed an action requesting that the court determine whether any restrictions existed in the trust agre...

In re B.W.S.  
Date: July 29, 2014
Citation: 2014 MT 198
Docket Number: DA 13-0792

Justia Opinion Summary: The State petitioned for permanent legal custody and the termination of Mother’s parental rights to B.W.S. because Mother failed to complete a court-ordered treatment plan. After a termination hearing, Judge Olson termin...

Zinvest v. Hudgins  
Date: July 29, 2014
Citation: 2014 MT 201
Docket Number: DA 13-0854

Justia Opinion Summary: In 2012, following a tax sale, Zinvest, LLC purchased improved property in Ravalli County. Zinvest subsequently learned that Michael and Angela Hudgins, the record owners of the property, had not paid the delinquent taxe...

Core-Mark Int’l, Inc. v. Mont. Bd. of Livestock  
Date: July 24, 2014
Citation: 2014 MT 197
Docket Number: DA 13-0595

Justia Opinion Summary: In 1980, the Montana Board of Livestock (Board) adopted the 12-Day Rule, which prohibits the sale of milk in Montana more than twelve days after pasteurization. In 2008, Core-Mark International, Inc. filed a petition wit...

In re J.A.L.  
Date: July 23, 2014
Citation: 2014 MT 196
Docket Number: DA 13-0767

Justia Opinion Summary: Husband and Wife were married and had been together for more than fifty years. Wife suffered from multiple sclerosis and cognitive impairments. After Wife’s son and daughter sought and obtained appointments as Wife’s co-...

State v. Ghostbear
Date: July 22, 2014
Citation: 2014 MT 192
Docket Number: DA 13-0081
State v. Ghostbear  
Date: July 22, 2014
Citation: 2014 MT 192
Docket Number: DA 13-0081

Justia Opinion Summary: After a jury trial, the jury returned a verdict finding Defendant guilty of the sexual assault of the seven-year-old daughter of Defendant’s girlfriend. Defendant subsequently moved the district court to sentence him to...

Baumgart v. Dep’t of Commerce  
Date: July 22, 2014
Citation: 2014 MT 194
Docket Number: DA 13-0564

Justia Opinion Summary: In 2002, Elizabeth “Betsy” Baumgart was appointed to be the administrator of the Montana Tourism and Promotion Division of the Department of Commerce (DOC). In 2010, after Dore Schwinden was appointed as DOC director, Sc...

Marriage of Beach
Date: July 22, 2014
Citation: 2014 MT 195N
Docket Number: DA 13-0633
Cross et al. v. VanDyke
Date: July 22, 2014
Citation: 2014 MT 193
Docket Number: DA 14-0259
Cross v. VanDyke  
Date: July 22, 2014
Citation: 2014 MT 193
Docket Number: DA 14-0259

Justia Opinion Summary: In 2014, Lawrence J.C. VanDyke filed his declaration of nomination as a candidate for election to the Montana Supreme Court. Plaintiffs subsequently filed a complaint in the district court seeking to have VanDyke’s candi...

San Diego Gas & Elec. Co. v. Ninth Judicial Dist. Court  
Date: July 18, 2014
Citation: 2014 MT 191
Docket Number: OP 14-0326

Justia Opinion Summary: San Diego Gas & Electric Co. (“San Diego”) and several NaturEner wind-energy companies (“NaturEner”) entered into two contracts, a purchase agreement and a contribution agreement, under which San Diego agreed to purchase...

Meadow Brook, LLP v. First Am. Title Ins. Co.  
Date: July 16, 2014
Citation: 2014 MT 190
Docket Number: DA 13-0698

Justia Opinion Summary: Meadow Brook owned land that it developed into lots with covenants, conditions, and restrictions. Meadow Brook then decided to develop an undeveloped tract as an independent subdivision. The existing homeowners, however,...

State v. Plouffe  
Date: July 15, 2014
Citation: 2014 MT 183
Docket Number: DA 12-0638

Justia Opinion Summary: Defendant was charged with trespass to property and possession of dangerous drugs, both misdemeanor offenses. Defendant subsequently decided to enroll in the Mineral County Treatment Court. Defendant was aware that he co...

In re Marriage of Schmidt  
Date: July 15, 2014
Citation: 2014 MT 182
Docket Number: DA 12-0731

Justia Opinion Summary: In 2010, Todd Schmidt petitioned to dissolve his marriage to Aimee Schmidt. In 2012, the district court entered a decree of dissolution setting forth a parenting schedule and dividing the marital property 50/50. The Supr...

Troy McGarvey v. State
Date: July 15, 2014
Citation: 2014 MT 189
Docket Number: DA 13-0062
McGarvey v. State  
Date: July 15, 2014
Citation: 2014 MT 189
Docket Number: DA 13-0062

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of deliberate homicide. The Supreme Court affirmed the conviction on appeal. Defendant subsequently filed a petition for postconviction relief alleging that the S...

City v. Broadwater
Date: July 15, 2014
Citation: 2014 MT 185
Docket Number: DA 13-0414
City of Helena v. Broadwater  
Date: July 15, 2014
Citation: 2014 MT 185
Docket Number: DA 13-0414

Justia Opinion Summary: In 2011, Defendant was charged with driving under the influence of alcohol (DUI) and disorderly conduct. Defendant pleaded not guilty and requested a jury trial. The trial court later informed Defendant that his schedule...

Phillips et al. v. City of Whitefi
Date: July 15, 2014
Citation: 2014 MT 186
Docket Number: DA 13-0472
Phillips v. City of Whitefish  
Date: July 15, 2014
Citation: 2014 MT 186
Docket Number: DA 13-0472

Justia Opinion Summary: In 2010, the City of Whitefish passed Resolution 10-46, which authorized the City to enter into an interlocal agreement with Flathead County concerning planning and zoning authority over a two-mile area surrounding the C...

Fauque v. Mont. Pub. Employees Ret. Bd.  
Date: July 15, 2014
Citation: 2014 MT 184
Docket Number: DA 13-0710

Justia Opinion Summary: Appellant was an officer with the Glacier County Sheriff’s Office (GCSO) from 1995 to 2010 and occasionally investigated the deaths of people he knew. In 2010, Appellant pled guilty to two misdemeanors and resigned from...

Matter of L.N.
Date: July 15, 2014
Citation: 2014 MT 187
Docket Number: DA 14-0049
In re L.N.  
Date: July 15, 2014
Citation: 2014 MT 187
Docket Number: DA 14-0049

Justia Opinion Summary: L.N. was the fourth child born to Mother and Father. After L.N. was born, the State petitioned for termination of parental rights. After a hearing, the district court found that the State had proven by clear and convinci...

State v. District Court  
Date: July 15, 2014
Docket Number: OP 14-0096

Justia Opinion Summary: Martin Vincent Lau was charged with deliberate homicide. Lau claimed that the fatal shooting was an act of self-defense. Lau sought to offer his own out-of-court statement to prove that at the time of the shooting, he kn...

LeMond v. Yellowstone Dev., LLC  
Date: July 14, 2014
Citation: 2014 MT 181
Docket Number: DA 13-0383

Justia Opinion Summary: Greg LeMond had an oral contract to purchase a five-acre lot (Lot 11) at the Yellowstone Mountain Club from the lot's owner, Yellowstone Development. Yellowstone Development allegedly breached its contract with LeMond by...

Svaleson v. Marshall
Date: July 9, 2014
Citation: 2014 MT 180N
Docket Number: DA 13-0819
State v. Roll
Date: July 8, 2014
Citation: 2014 MT 177N
Docket Number: DA 13-0065
State v. Simpson  
Date: July 8, 2014
Citation: 2014 MT 175
Docket Number: DA 13-0134

Justia Opinion Summary: Defendant pleaded guilty to one count of theft by a common scheme stemming from the theft of property from a salvage yard owned by Robert Appley. After a hearing, the district court ordered Defendant to pay a total of $3...

Luther v. Martin
Date: July 8, 2014
Citation: 2014 MT 178N
Docket Number: DA 13-0475
Marriage of Golie
Date: July 8, 2014
Citation: 2014 MT 176N
Docket Number: DA 13-0477
Marriage of Golie
Date: July 8, 2014
Citation: 2014 MT 176N
Docket Number: DA 13-0477
In re Marriage of Wendt  
Date: July 8, 2014
Citation: 2014 MT 174
Docket Number: DA 13-0619

Justia Opinion Summary: Drew Wendt and Jennifer Wendt had one child from their marriage, and another child from Jennifer’s previous marriage also resided with the couple. After the parties divorced, Jennifer filed a motion to modify the parenti...

State v. Kinlock
Date: July 8, 2014
Citation: 2014 MT 179N
Docket Number: DA 13-0696
State v. Zimmerman  
Date: July 3, 2014
Citation: 2014 MT 173
Docket Number: DA 13-0560

Justia Opinion Summary: Defendant was charged with felony driving under the influence (DUI) and misdemeanor driving without valid liability insurance. Defendant entered pleas of not guilty and then filed a motion to dismiss for denial of his ri...

State v. David Zimmerman
Date: July 3, 2014
Citation: 2014 MT 173
Docket Number: DA 13-0560
IN THE MATTER OF THE MONTANA RULES
Date: July 1, 2014
Citation: 2007 MT 334
Docket Number: AF 07-0157
IN THE MATTER OF THE MONTANA RULES
Date: July 1, 2014
Citation: 2007 MT 334
Docket Number: AF 07-0157
State v. Nauman
Date: July 1, 2014
Citation: 2014 MT 171N
Docket Number: DA 13-0010
Winter v. State Farm Mut. Auto. Ins. Co.  
Date: July 1, 2014
Citation: 2014 MT 168
Docket Number: DA 13-0548

Justia Opinion Summary: Plaintiff injured his left knee when he stepped into his truck. Plaintiff was insured by an automobile insurance policy issued by State Farm that provided automobile medical payments (med pay) coverage. Plaintiff’s healt...

Kenfield v. State
Date: July 1, 2014
Citation: 2014 MT 172N
Docket Number: DA 13-0598
State v. Gregori  
Date: July 1, 2014
Citation: 2014 MT 169
Docket Number: DA 13-0654

Justia Opinion Summary: Defendant was charged with two counts of felony partner or family members assault (PFMA), one charge pertaining to his brother and one charge pertaining to his niece. The case proceeded to trial. At the close of the Stat...

Middlemiss v. State
Date: July 1, 2014
Citation: 2014 MT 170N
Docket Number: DA 13-0803
Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co.  
Date: June 27, 2014
Citation: 2014 MT 167
Docket Number: DA 12-0698

Justia Opinion Summary: This matter comprised two joined cases, both involving claims to water diverted from the South Fork of Dupuyer Creek in Two Medicine River Basin, into Gansman Coulee, for irrigation in the Teton River Basin. Two sets of...

Pickett v. Cortese  
Date: June 27, 2014
Citation: 2014 MT 166
Docket Number: DA 13-0609

Justia Opinion Summary: Plaintiff filed a complaint against Dr. Florian Cortese after Plaintiff’s small intestine was perforated during a procedure performed by Cortese. The trial court denied Cortese’s motion to dismiss for lack of subject mat...

State v. Von Koenigsberg-Tyrvaldsen
Date: June 24, 2014
Citation: 2014 MT 165N
Docket Number: DA 13-0066
State v. Von Koenigsberg-Tyrvaldsen
Date: June 24, 2014
Citation: 2014 MT 165N
Docket Number: DA 13-0066
State v. OldHorn  
Date: June 24, 2014
Citation: 2014 MT 161
Docket Number: DA 13-0089

Justia Opinion Summary: After a jury trial, Defendant was convicted of deliberate homicide. Defendant appealed, arguing that the district court erred by denying his motion to suppress statements he made to the police. The Supreme Court remanded...

State v. Stang
Date: June 24, 2014
Citation: 2014 MT 163N
Docket Number: DA 13-0349
Schaeffer v. State
Date: June 24, 2014
Docket Number: DA 13-0735
Bracken v. McDonnell Enterprises
Date: June 24, 2014
Citation: 2014 MT 164N
Docket Number: DA 13-0744
State v. Shawn Weller
Date: June 11, 2014
Citation: 2014 MT 160N
Docket Number: DA 13-0814
State v. Loberg
Date: June 10, 2014
Citation: 2014 MT 158N
Docket Number: DA 12-0751
State v. Gleed
Date: June 10, 2014
Citation: 2014 MT 151
Docket Number: DA 13-0116
State v. Gleed  
Date: June 10, 2014
Citation: 2014 MT 151
Docket Number: DA 13-0116

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault for allegedly intentionally submerging his young son in scalding water. The Supreme Court reversed Defendant’s conviction, vacated the district court’s ju...

State v. Beaudet  
Date: June 10, 2014
Citation: 2014 MT 152
Docket Number: DA 13-0287

Justia Opinion Summary: After county animal control officers responded to a complaint that three horses were being confined in a trailer without adequate food or water, Defendant was charged and found guilty of three misdemeanor counts of cruel...

Shepherd v. State
Date: June 10, 2014
Citation: 2014 MT 154N
Docket Number: DA 13-0440
Matter of D.L.
Date: June 10, 2014
Citation: 2014 MT 155N
Docket Number: DA 13-0672
Marriage of Conrad
Date: June 10, 2014
Citation: 2014 MT 159N
Docket Number: DA 13-0708
State v. Ferre
Date: June 10, 2014
Citation: 2014 MT 157N
Docket Number: DA 13-0716
Boushie v. Windsor  
Date: June 10, 2014
Citation: 2014 MT 153
Docket Number: DA 13-0785

Justia Opinion Summary: This controversy arose from cyber-blog exchanges between Plaintiff and Defendant. Plaintiff requested and was granted a temporary order of protection (TOP) against Defendant. The district court affirmed the municipal cou...

Miller v. Goetz  
Date: June 10, 2014
Citation: 2014 MT 150
Docket Number: DA 13-0839

Justia Opinion Summary: In 1991, Appellant was convicted of two counts of deliberate homicide and sentenced to life imprisonment. Attorney James Goetz attempted to help Appellant with his parole eligibility claim. Displeased with Goetz's assist...

Matter of K.L. L.L. B.L. YINC
Date: June 10, 2014
Citation: 2014 MT 156N
Docket Number: DA 14-0025
In re Judge Baugh  
Date: June 4, 2014
Citation: 2014 MT 149
Docket Number: PR 14-0078

Justia Opinion Summary: The Judicial Standards Commission filed a formal complaint against District Court Judge G. Todd Baugh after Baugh made inappropriate public remarks about the young victim of a sexual offense and imposed an unlawful sente...

State v. Pound  
Date: June 3, 2014
Citation: 2014 MT 143
Docket Number: DA 12-0700

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony sexual assault against his girlfriend’s four-year-old daughter. The Supreme Court affirmed the conviction, holding (1) the district court did not err when it found th...

State v. Cudd  
Date: June 3, 2014
Citation: 2014 MT 140
Docket Number: DA 13-0141

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse without consent for engaging in a continual sexual relationship with his stepdaughter, who was twelve years old at the time the offenses began. Defendant...

In re E.G.  
Date: June 3, 2014
Citation: 2014 MT 148
Docket Number: DA 13-0314

Justia Opinion Summary: When E.G. was fifteen years old, the Youth Court found him to be delinquent and ordered that he be committed to the Department of Corrections until age eighteen. After remand, the Youth Court stated that it would retain...

Taylor v. State  
Date: June 3, 2014
Citation: 2014 MT 142
Docket Number: DA 13-0406

Justia Opinion Summary: After a trial, Appellant was convicted of sexual intercourse without consent and sexual assault. The Supreme Court affirmed. Thereafter, Appellant filed a petition for postconviction relief raising numerous claims of ine...

Golden v. State  
Date: June 3, 2014
Citation: 2014 MT 141
Docket Number: DA 13-0561

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony sexual assault. Defendant later filed a petition for postconviction relief seeking DNA testing and alleging that he had received ineffective assistance of counsel (IA...

Matter of A.G.
Date: June 3, 2014
Citation: 2014 MT 145N
Docket Number: DA 13-0620
State v. Spinks
Date: June 3, 2014
Citation: 2014 MT 147N
Docket Number: DA 13-0692
Ayers v. Nygren
Date: June 3, 2014
Citation: 2014 MT 144N
Docket Number: DA 13-0764
Robb v. State
Date: June 3, 2014
Citation: 2014 MT 146N
Docket Number: DA 13-0806
State v. Crider  
Date: May 28, 2014
Citation: 2014 MT 139
Docket Number: DA 12-0487

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony sexual intercourse without consent, misdemeanor partner or family members assault, and felony tampering with witnesses and informants. The Supreme Court affirmed the...

State v. Pickens
Date: May 27, 2014
Citation: 2014 MT 138N
Docket Number: DA 13-0291
Dewey v. Stringer  
Date: May 27, 2014
Citation: 2014 MT 136
Docket Number: DA 13-0347

Justia Opinion Summary: Plaintiff and Defendant entered into a buy-sell agreement for the purchase of Plaintiff’s home. As agreed upon, Defendant moved into Plaintiff’s home and began paying rent. Before the closing date, however, Defendant not...

Old Standard v. Huntley
Date: May 27, 2014
Citation: 2014 MT 137N
Docket Number: DA 13-0391
Old Standard v. Huntley
Date: May 27, 2014
Citation: 2014 MT 137N
Docket Number: DA 13-0391
In re Marriage of Woerner  
Date: May 27, 2014
Citation: 2014 MT 134
Docket Number: DA 13-0435

Justia Opinion Summary: Mother and Father were married in 2005 and had a child in 2009. Father subsequently filed a petition for dissolution of marriage. In 2013, the district court ordered a parenting plan in which the parties’ child would tra...

In re A.S.M.  
Date: May 27, 2014
Citation: 2014 MT 133
Docket Number: DA 13-0482

Justia Opinion Summary: The Youth Court declared A.S.M. a delinquent youth and serious juvenile offender. The Youth Court later issued an order under Mont. Code Ann. 41-5-208 ("section 208 order") transferring jurisdiction over A.S.M. to the di...

State v. Nelson  
Date: May 27, 2014
Citation: 2014 MT 135
Docket Number: DA 13-0526

Justia Opinion Summary: After Defendant accused her ex-boyfriend of raping her, the State charged Defendant with one count of tampering with or fabricating physical evidence in violation of Mont. Code Ann. 45-7-207(1)(b). Defendant filed a moti...

In re Marriage of Bushnell  
Date: May 20, 2014
Citation: 2014 MT 130
Docket Number: DA 12-0711

Justia Opinion Summary: Upon the dissolution of their marriage, Husband and Wife entered into a dissolution settlement agreement that provided that Wife was entitled to half of Husband’s federal retirement benefits entered during the parties’ m...

State v. Fenner  
Date: May 20, 2014
Citation: 2014 MT 131
Docket Number: DA 13-0049

Justia Opinion Summary: Defendant pleaded guilty to one count of assault with a weapon and one count of criminal mischief. An affidavit by the victim indicated that he suffered $6,418 in medical and dental expenses related to the assault, but t...

State v. Hendrickson  
Date: May 20, 2014
Citation: 2014 MT 132
Docket Number: DA 13-0052

Justia Opinion Summary: Defendant pleaded guilty to tampering with witnesses and informants. Defendant subsequently filed a motion to withdraw his guilty plea, which the district court denied. Defendant appealed, arguing that he should be allow...

State v. Redfern
Date: May 13, 2014
Citation: 2014 MT 128N
Docket Number: DA 13-0233
State v. Redfern
Date: May 13, 2014
Citation: 2014 MT 128N
Docket Number: DA 13-0233
State v. Jeremiah Johnson
Date: May 13, 2014
Citation: 2014 MT 129N
Docket Number: DA 13-0306
Dulaney v. State Farm Fire & Cas. Ins. Co.  
Date: May 13, 2014
Citation: 2014 MT 127
Docket Number: DA 13-0448

Justia Opinion Summary: In 2009, Plaintiff’s floral shop was destroyed by a fire. State Farm Casualty Insurance Company, with whom Plaintiff had an insurance policy for her business, paid Plaintiff the maximum amount available under her policy,...

State v. McEvoy  
Date: May 13, 2014
Citation: 2014 MT 126
Docket Number: DA 13-0754

Justia Opinion Summary: In 1988, Appellant was convicted of misdemeanor assault and felony sexual intercourse without consent and was also designated a persistent felony offender (PFO). In 2013, Appellant filed a petition for writ of habeas cor...

State v. Peone
Date: May 7, 2014
Citation: 2014 MT 124N
Docket Number: DA 13-0019
State v. Steven Leskovec
Date: May 7, 2014
Citation: 2014 MT 123N
Docket Number: DA 13-0201
State v. Chyatte
Date: May 7, 2014
Citation: 2014 MT 125N
Docket Number: DA 13-0212
Morrow v. Bank of Am., N.A.  
Date: May 7, 2014
Citation: 2014 MT 117
Docket Number: DA 13-0241

Justia Opinion Summary: Abraham and Betty Jean Morrow filed a request for a modification of their home loan, serviced by Bank of America, through the federal Home Affordable Modification Program. Bank of America denied the modification and sche...

Guethlein v. Family Inn  
Date: May 7, 2014
Citation: 2014 MT 121
Docket Number: DA 13-0467

Justia Opinion Summary: Plaintiff rented an apartment from Defendant, a residential hotel. After Plaintiff’s tenancy terminated, she filed suit against Defendant for failing to return her $500 security deposit within thirty days. During the dis...

Nelson v. Brooks  
Date: May 7, 2014
Citation: 2014 MT 120
Docket Number: DA 13-0570

Justia Opinion Summary: This case involved a dispute over the water rights to a well (“disputed well”). In 1982, Carl Kambich filed a statement of claim for existing water rights. In 1990, Kambich filed a notice of transfer of water right to Ra...

In re M.J.C.  
Date: May 7, 2014
Citation: 2014 MT 122
Docket Number: DA 13-0650

Justia Opinion Summary: The district court adjudicated M.J.C. a youth in need of care and granted temporary legal custody of M.J.C. to the Department of Public Health and Human Services based on physical neglect by Mother, and absence of a fath...

In re Estate of Hedrick  
Date: May 7, 2014
Citation: 2014 MT 118
Docket Number: DA 13-0657

Justia Opinion Summary: In 1983, Marilyn and Stanley Hedrick executed a joint will. When Stanley died in 1995, his estate passed to Marilyn. The next year, Marilyn transferred much of her property to the Marilyn M. Hedrick 1996 Living Trust. Sh...

Day v. CTA, Inc.  
Date: May 7, 2014
Citation: 2014 MT 119
Docket Number: DA 13-0730

Justia Opinion Summary: Plaintiffs entered into a contract for professional services with CTA, Inc., a firm offering architectural, engineering, and construction management services. Plaintiffs filed a complaint against CTA and others, alleging...

State v. Rambold  
Date: April 30, 2014
Citation: 2014 MT 116
Docket Number: DA 13-0584

Justia Opinion Summary: Defendant was accused of multiple instances of sexual activity with C.M., a fourteen-year-old student at Billings Senior High School, where Defendant was employed as a teacher. C.M. subsequently took her own life. The St...

Houden v. Todd  
Date: April 29, 2014
Citation: 2014 MT 113
Docket Number: DA 13-0311

Justia Opinion Summary: This case arose from a dispute between property owners in a subdivision developed by Christopher and Jeffrey Houden. In 2007, twenty-three lot owners (“Defendants”) voted to record an amendment (“second amendment”) to th...

State v. Fischer  
Date: April 29, 2014
Citation: 2014 MT 112
Docket Number: DA 13-0423

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to two counts of criminal distribution of dangerous drugs. The State subsequently filed a petition to revoke Defendant’s deferred sentence based on her possession of...

In re Marriage of Anderson  
Date: April 29, 2014
Citation: 2014 MT 111
Docket Number: DA 13-0460

Justia Opinion Summary: Chad Anderson and Karen Ann Anderson were married in 2003 and had four children. The parties separated in 2009. Chad later filed a petition for dissolution of marriage in which he requested primary residential custody of...

J.L.G. v. M.F.D.  
Date: April 29, 2014
Citation: 2014 MT 114
Docket Number: DA 13-0464

Justia Opinion Summary: In 2009, Janet Gates gave birth to a daughter, BNY. Douglas Young was named on the child’s birth certificate as the child’s father and held himself out as the child’s father. In 2012, Gates sought primary residential cus...

Tucker v. Allen  
Date: April 29, 2014
Citation: 2014 MT 115
Docket Number: DA 13-0694

Justia Opinion Summary: Kelisa Allen and Justin Tucker were divorced in Arizona, after which Kelisa relocated to Montana with the parties’ two children. Kelisa later remarried, taking the surname, “Allen.” Kelisa subsequently sought to change t...

Lyndes v. Green  
Date: April 25, 2014
Citation: 2014 MT 110
Docket Number: DA 13-0401

Justia Opinion Summary: Plaintiff owned rural property, including a tract referred to as Section 27, that Defendants, who owned adjacent property, used to cross with their cattle and to conduct other ranching operations. Plaintiff filed an acti...

Davenport v. Odlin  
Date: April 23, 2014
Citation: 2014 MT 109
Docket Number: DA 13-0277

Justia Opinion Summary: In 2009, Kristine Davenport sought to disqualify Justice of the Peace John Odlin for cause from presiding in two misdemeanor cases against Davenport. The district court denied Davenport’s motion to disqualify Odlin. Dave...

State v. Reim  
Date: April 22, 2014
Citation: 2014 MT 108
Docket Number: DA 13-0050

Justia Opinion Summary: Defendant was convicted of felony aggravated assault related to injuries incurred by his five-month-old son. The Supreme Court affirmed, holding (1) the district court did not err when it concluded that Defendant had wai...

Lewis Clark County v. Schroeder  
Date: April 22, 2014
Citation: 2014 MT 106
Docket Number: DA 13-0496

Justia Opinion Summary: In 2010, Lewis and Clark County filed a complaint for declaratory judgment, asking the district court to declare that the entirety of Eagle Ridge Road was a sixty-foot public or county road or a sixty-foot public access...

Zuazua v. Spear
Date: April 22, 2014
Citation: 2014 MT 107N
Docket Number: DA 13-0625
Ostby v. Bd. of Oil & Gas Conservation  
Date: April 22, 2014
Citation: 2014 MT 105
Docket Number: DA 13-0750

Justia Opinion Summary: In 2012, the Montana Board of Oil and Gas Conservation (MBOGC) adopted special statewide temporary spacing units for certain wells. Petitioners = filed a petition for judicial review of MBOGC’s order, stating that it was...

K L Inc. v. Starr
Date: April 15, 2014
Citation: 2014 MT 103N
Docket Number: DA 13-0252
Goble v. Mont. State Fund  
Date: April 15, 2014
Citation: 2014 MT 99
Docket Number: DA 13-0286

Justia Opinion Summary: In two separate cases, Appellants were injured in the course and scope of their employment. Montana State Fund (SMF) paid Appellants indemnity and medical benefits. Appellants were subsequently incarcerated for various c...

Floberg v. Lecois
Date: April 15, 2014
Citation: 2014 MT 102N
Docket Number: DA 13-0333
In re Marriage of Scanlon  
Date: April 15, 2014
Citation: 2014 MT 97
Docket Number: DA 13-0493

Justia Opinion Summary: In 2003, Joe Scanlon and Lona Carter-Scanlon divorced. The district court subsequently granted Joe’s motion to modify his child support obligations, concluding that Joe had been unemployed and expected to earn $52,000 at...

City of Billings v. Oltrogge
Date: April 15, 2014
Citation: 2014 MT 104N
Docket Number: DA 13-0517
City of Billings v. Nelson  
Date: April 15, 2014
Citation: 2014 MT 98
Docket Number: DA 13-0525

Justia Opinion Summary: The municipal court found Defendant guilty of disorderly conduct after Defendant and her daughter directed profane ad abusive language toward a thirteen-year-old boy from their vehicle on a public street. The district co...

Kavon v. Kavon Trustees
Date: April 15, 2014
Citation: 2014 MT 100N
Docket Number: DA 13-0576
State v. Ferre  
Date: April 15, 2014
Citation: 2014 MT 96
Docket Number: DA 13-0616

Justia Opinion Summary: In 1993, Defendant pled guilty to three felony offenses in Cause No. 10893. Defendant’s resulting sentence required, among other things, that he pay restitution to his assault victim and pay the uninsured portion of his...

Matter of S. M.
Date: April 15, 2014
Citation: 2014 MT 101N
Docket Number: DA 13-0655
State v. Giacomini  
Date: April 8, 2014
Citation: 2014 MT 93
Docket Number: DA 13-0422

Justia Opinion Summary: Defendant entered a plea of nolo contendere to driving under the influence. Defendant appealed, arguing that the municipal court erred in denying his motion to suppress evidence obtained by a blood draw following the DUI...

Empire Office Machines, Inc. v. Demaray  
Date: April 8, 2014
Citation: 2014 MT 94
Docket Number: DA 13-0455

Justia Opinion Summary: Aspen Trails Associations, LLC, d/b/a Windermere Real Estate, entered into two contracts with Empire Office Machines, Inc. for the lease of copy machines. Windermere and Empire later entered into a revised agreement that...

Rothing v. Gallatin Co. et al.
Date: April 8, 2014
Citation: 2014 MT 95N
Docket Number: DA 13-0842
Daniels v. State
Date: April 2, 2014
Citation: 2014 MT 92N
Docket Number: DA 13-0304
Voit v. Mertz
Date: April 2, 2014
Docket Number: DA 13-0443
State v. Aragon
Date: April 2, 2014
Citation: 2014 MT 89
Docket Number: DA 13-0447
State v. Aragon  
Date: April 2, 2014
Citation: 2014 MT 89
Docket Number: DA 13-0447

Justia Opinion Summary: Defendant pled guilty in justice court to DUI and reckless driving, second offense, after driving off the road and colliding with Barbara Turcotte’s garage. After a restitution hearing at which the justice court consider...

Hoffman v. State  
Date: April 2, 2014
Citation: 2014 MT 90
Docket Number: OP 14-0146

Justia Opinion Summary: Petitioners filed a combined petition challenging the legal sufficiency of Initiative No. 171 (I-171), a proposed ballot measure that would prohibit the state and its political subdivisions from using funds, resources, o...

Mayer v. Bd. of Psychologists  
Date: April 1, 2014
Citation: 2014 MT 85
Docket Number: DA 13-0129

Justia Opinion Summary: Appellant filed an application with the Montana Board of Psychologists to become licensed as a psychologist. The Board denied the application on the ground that Appellant did not meet the education-related qualifications...

Seamster v. Mussellshell County Sheriff’s Office  
Date: April 1, 2014
Citation: 2014 MT 84
Docket Number: DA 13-0392

Justia Opinion Summary: Plaintiff filed a constructive discharge claim naming the Musselshell County Sheriff’s Office as the sole defendant. Defendant filed a motion to dismiss, arguing that it was not an independent legal entity subject to sui...

Matter of C.V. and C.V.1
Date: April 1, 2014
Citation: 2014 MT 87N
Docket Number: DA 13-0630
Matter of J.H. J.H. and T.H.
Date: April 1, 2014
Citation: 2014 MT 86N
Docket Number: DA 13-0637
State v. Nickerson  
Date: April 1, 2014
Citation: 2014 MT 83
Docket Number: DA 13-0676

Justia Opinion Summary: Defendant was charged with felony burglary in 2007. The Flathead County District Court issued a warrant for Defendant’s arrest, but shortly afterward, Defendant was arrested and sentenced on unrelated federal charges. De...

Matter of Solomon Neuhardt
Date: April 1, 2014
Docket Number: PR 13-0070
Willems v. State  
Date: March 26, 2014
Citation: 2014 MT 82
Docket Number: DA 13-0820

Justia Opinion Summary: Plaintiff, registered voters seeking to invalidate the Montana Districting and Apportionment Commission’s (Commission) assignment of two “holdover senators” in its final 2013 redistricting plan, filed a complaint against...

IN THE MATTER OF THE MONTANA CODE O
Date: March 25, 2014
Docket Number: AF 08-0203
State v. Azure
Date: March 25, 2014
Citation: 2014 MT 81N
Docket Number: DA 12-0780
Bullman v. State  
Date: March 25, 2014
Citation: 2014 MT 78
Docket Number: DA 13-0340

Justia Opinion Summary: After a jury trial, Defendant was convicted of charges stemming from the sexual assault of his stepdaughter. Defendant subsequently filed a petition for post-conviction relief (PCR). One day before his reply brief was du...

JAS, Inc. v. Eisele  
Date: March 25, 2014
Citation: 2014 MT 77
Docket Number: DA 13-0458

Justia Opinion Summary: In 2011, IndyMac Bank foreclosed on a certain property. JAS, Inc. purchased the property and subsequently initiated a quiet title action. Defendants Countrywide Home Loans and Mortgage Electronic Registration Systems (ME...

State v. Byers
Date: March 25, 2014
Citation: 2014 MT 80N
Docket Number: DA 13-0470
In re J.S.  
Date: March 25, 2014
Citation: 2014 MT 79
Docket Number: DA 13-0539

Justia Opinion Summary: J.S., born in 1998, was an “Indian child” under the Indian Child Welfare Act (ICWA). In 2002, J.S. was adjudicated a youth in need of care, and temporary custody was granted to the Department of Public Health and Human S...

MEA-MFT et al. v. Fox (LR 127)
Date: March 25, 2014
Citation: 2014 MT 76
Docket Number: OP 13-0789
MEA-MFT v. Fox  
Date: March 25, 2014
Citation: 2014 MT 76
Docket Number: OP 13-0789

Justia Opinion Summary: In 2013, the Montana Legislature enacted Legislative Referendum 127 (LR-127) as a referendum to be put to a public vote at the time of the November 2014 general election. Petitioners filed a petition challenging the lega...

Uniform District Court Rules
Date: March 24, 2014
Docket Number: AF 07-0110
Uniform District Court Rules
Date: March 24, 2014
Docket Number: AF 07-0110
Scheafer v. Safeco Ins. Co. of Ill.  
Date: March 18, 2014
Citation: 2014 MT 73
Docket Number: DA 11-0393

Justia Opinion Summary: Plaintiff was injured in an accident while driving a business vehicle owned by Mattress King, Inc. and insured by Mountain West Farm Bureau. Plaintiff, whose personal vehicles were insured by Safeco Insurance Company of...

In re C.S.  
Date: March 18, 2014
Citation: 2014 MT 74
Docket Number: DA 13-0451

Justia Opinion Summary: C.S., who turned eighteen in March 2012, received special education services from the Butte School District until June 2013. In January 2013, the Montana Office of Public Instruction directed the School District to obtai...

Sudan Drillings Inc. v. Anacker  
Date: March 18, 2014
Citation: 2014 MT 72
Docket Number: DA 13-0537

Justia Opinion Summary: Sudan Drilling, Inc. filed a complaint against Glen and Clarice Anacker seeking to foreclose on a construction lien. The district court granted summary judgment for the Anackers and directed the county clerk and recorder...

America’s Best Contractors, Inc. v. Singh  
Date: March 18, 2014
Citation: 2014 MT 70
Docket Number: DA 13-0550

Justia Opinion Summary: From 2003 to 2011, Jasvinder Singh worked for America’s Best Contractors, Inc. (ABC) as a salesperson and estimator. After his employment with ABC ended, Singh filed a claim with the Montana Department of Labor and Indus...

Rothing v. Gallatin County
Date: March 18, 2014
Citation: 2014 MT 75N
Docket Number: DA 13-0599
Whary v. Plum Creek Timberlands, L.P.  
Date: March 18, 2014
Citation: 2014 MT 71
Docket Number: DA 13-0635

Justia Opinion Summary: In 1972, Phyllis and Clarence Hudson granted an easement to Burlington Northern, Inc. Plaintiffs were the successors in interest to the Hudsons, and Defendant was a successor to Burglinton Northern. The easement was a ro...

New Hope Lutheran Ministry v. Faith Lutheran Church of Great Falls, Inc.  
Date: March 12, 2014
Citation: 2014 MT 69
Docket Number: DA 13-0127

Justia Opinion Summary: In 1988, Faith Lutheran Church of Great Falls, Inc., which held certain property in its own name, affiliated with the Evangelical Lutheran Church of America (ELCA) denomination. In 2010, seventy-one percent of members vo...

State v. Demontiney  
Date: March 11, 2014
Citation: 2014 MT 66
Docket Number: DA 12-0453

Justia Opinion Summary: Defendant was arrested after law enforcement officers responded to a report that Defendant had stolen a purse and, after conducting a warrant check, learned that Defendant had an outstanding city warrant. At the detentio...

State v. Carter  
Date: March 11, 2014
Citation: 2014 MT 65
Docket Number: DA 13-0021

Justia Opinion Summary: After a jury trial, Defendant was found guilty of accountability for criminal distribution of dangerous drugs and committed to the custody of the Department of Corrections for fifteen years, with ten years suspended. Def...

State v. Shegrud  
Date: March 11, 2014
Citation: 2014 MT 63
Docket Number: DA 13-0113

Justia Opinion Summary: The State charged Defendant with felony criminal endangerment and felony DUI. The jury was unable to reach a unanimous verdict on the charges, and a mistrial was declared. At the second trial, defense counsel offered a j...

In re Marriage of Novak  
Date: March 11, 2014
Citation: 2014 MT 62
Docket Number: DA 13-0137

Justia Opinion Summary: Michael and Teresa Novak married in 1988. Michael petitioned to dissolve the marriage in 2010, the same year that Teresa received a serious head injury. The district court entered a dissolution order dividing the marital...

Park County Stockgrowers Ass’n v. State  
Date: March 11, 2014
Citation: 2014 MT 64
Docket Number: DA 13-0165

Justia Opinion Summary: In 2011, partners of the Interagency Bison Management Plan decided to expand the territory in the Gardiner basin in which bison were allowed to naturally migrate. That decision was challenged by various petitioners. Park...

Miller v. Miller
Date: March 11, 2014
Citation: 2014 MT 67N
Docket Number: DA 13-0449
Ellenburg v. State
Date: March 11, 2014
Citation: 2014 MT 68N
Docket Number: DA 13-0450
Larson Lumber Co. v. Bilt Rite Constr. & Landscaping LLC  
Date: March 11, 2014
Citation: 2014 MT 61
Docket Number: DA 13-0457

Justia Opinion Summary: Bilt Rite Construction and Landscaping, LLC (Bilt Rite) opened a credit account with Larson Lumber Company (Larson) in 2003. Bilt Rite did not make the required payments, and as of 2006, when Bilt Rite had ceased operati...

State v. Homer  
Date: March 4, 2014
Citation: 2014 MT 57
Docket Number: DA 12-0640

Justia Opinion Summary: After a bench trial, Appellant was convicted of exploiting an older person, a felony. Prior to the commencement of the trial, the district court held a hearing on the competency of the victim to testify at trial. The cou...

State v. Redlich  
Date: March 4, 2014
Citation: 2014 MT 55
Docket Number: DA 13-0109

Justia Opinion Summary: After a jury trial, Appellant was convicted of disorderly conduct, a misdemeanor, and two counts of felony assault with a weapon. The Supreme Court affirmed, holding (1) sufficient evidence supported Appellant’s convicti...

State v. Ziolkowski  
Date: March 4, 2014
Citation: 2014 MT 58
Docket Number: DA 13-0295

Justia Opinion Summary: After a jury trial that was held in absentia, Appellant was convicted of obstructing a peace officer, resisting arrest, failing to carry motor vehicle liability insurance, and speeding. Appellant appealed. Appellant subs...

Ditton v. Dep’t of Justice Motor Vehicle Div.  
Date: March 4, 2014
Citation: 2014 MT 54
Docket Number: DA 13-0376

Justia Opinion Summary: After Petitioner was involved in an accident from allegedly hitting a building with his truck, Petitioner was cited for DUI, third offense. Petitioner’s driver’s license was seized based on his refusal to submit to a blo...

Doherty v. Fed. Nat’l Mortgage Ass’n  
Date: March 4, 2014
Citation: 2014 MT 56
Docket Number: DA 13-0436

Justia Opinion Summary: To secure a loan, Plaintiff executed a promissory note naming ABN AMRO Mortgage Group (ABN) as the note holder. ABN later merged with CitiMortgage, Inc., which became the holder of Plaintiff’s note. CitiMortgage notified...

Cherewick v. Gildehaus
Date: March 4, 2014
Citation: 2014 MT 59N
Docket Number: DA 13-0481
Taylor v. State
Date: March 4, 2014
Citation: 2014 MT 60N
Docket Number: DA 13-0508
State v. Zink
Date: February 25, 2014
Citation: 2014 MT 48
Docket Number: DA 12-0257
Zink v. State  
Date: February 25, 2014
Citation: 2014 MT 48
Docket Number: DA 12-0257

Justia Opinion Summary: The State charged Defendant with aggravated assault against his wife and criminal endangerment. After a jury trial, Defendant was convicted of criminal endangerment and the lesser offense of assault. Defendant appealed,...

State v. Ring  
Date: February 25, 2014
Citation: 2014 MT 49
Docket Number: DA 12-0457

Justia Opinion Summary: After a jury trial, Appellant was convicted of incest in violation of Mont. Code Ann. 45-5-507. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district court correctly interpreted t...

State v. Schaeffer  
Date: February 25, 2014
Citation: 2014 MT 47
Docket Number: DA 12-0564

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony theft by insurance fraud. The Supreme Court affirmed the conviction, holding (1) the district court did not err when it instructed the jury that an insurance administ...

Marriage of Smith
Date: February 25, 2014
Citation: 2014 MT 50N
Docket Number: DA 13-0082
Stafford v. Fockaert
Date: February 25, 2014
Citation: 2014 MT 51N
Docket Number: DA 13-0528
Windsor v. Boushie
Date: February 25, 2014
Citation: 2014 MT 52N
Docket Number: DA 13-0540
Windsor v. Boushie
Date: February 25, 2014
Citation: 2014 MT 53N
Docket Number: DA 13-0618
Stock v. Montana  
Date: February 20, 2014
Citation: 2014 MT 46
Docket Number: DA 13-0224

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony incest involving his fourteen-year-old son and six-year-old daughter and of tampering with the evidence. The Supreme Court affirmed. Defendant later petition for post...

Orden v. United Servs. Auto. Ass’n  
Date: February 19, 2014
Citation: 2014 MT 45
Docket Number: OP 13-0430

Justia Opinion Summary: Plaintiff was involved in a motor vehicle accident caused by another driver. As a result of the accident, Plaintiff sustained both bodily injury and property damage. Plaintiff carried an automobile insurance policy throu...

State v. Paisley
Date: February 18, 2014
Citation: 2014 MT 44N
Docket Number: DA 12-0605
State v. Walton  
Date: February 18, 2014
Citation: 2014 MT 41
Docket Number: DA 13-0191

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of sexual assault, a felony, and sentenced to twenty years imprisonment. The Supreme Court affirmed, holding (1) the prosecutor’s statements during closing argumen...

Scentry Biologicals, Inc. v. Mid-Continent Cas. Co.  
Date: February 18, 2014
Citation: 2014 MT 39
Docket Number: DA 13-0415

Justia Opinion Summary: Mid-Continent Casualty Company provided comprehensive general liability insurance to Scentry Biologicals, the manufacturer of NoMate, a pest control product designed to protect agricultural crops from destructive insects...

In re Marriage of Crowley  
Date: February 18, 2014
Citation: 2014 MT 42
Docket Number: DA 13-0419

Justia Opinion Summary: In 2011, Dennis Crowley filed a petition for dissolution of his marriage to Amber Crowley. In 2012, the district court entered a final decree of dissolution and a final parenting plan. Dennis appealed, challenging many o...

Matter of S.K. YINC
Date: February 18, 2014
Citation: 2014 MT 43N
Docket Number: DA 13-0473
Hansen v. Moats  
Date: February 18, 2014
Citation: 2014 MT 40
Docket Number: DA 13-0523

Justia Opinion Summary: In 2012, Mother and Father divorced. The decree of dissolution provided that the couple’s two children would reside permanently with Mother. In 2013, Mother died in a fire. The children’s maternal grandmother (Grandmothe...

State v. Macy  
Date: February 11, 2014
Citation: 2014 MT 34
Docket Number: DA 13-0014

Justia Opinion Summary: In 2007 and 2008, Defendant was convicted of four felonies. In 2010, Defendant absconded from a pre-release center. Several months later, Defendant was extradited from Idaho to Montana. Defendant pled guilty to escape. D...

Chapman v. Maxwell  
Date: February 11, 2014
Citation: 2014 MT 35
Docket Number: DA 13-0428

Justia Opinion Summary: Plaintiff, a self-represented litigant, filed a complaint against Defendant for defamation. Defendant filed a motion for summary judgment, and Plaintiff did not file a brief in response. The district court granted Defend...

Rothing v. Gray
Date: February 11, 2014
Citation: 2014 MT 37N
Docket Numbers: DA 13-0520, DA 13-0578
Rothing v. Gallatin County
Date: February 11, 2014
Citations: 2014 MT 36N, 2014 MT 37N
Docket Numbers: DA 13-0520, DA 13-0578
Rothing v. O Callaghan
Date: February 11, 2014
Citation: 2014 MT 38N
Docket Number: DA 13-0579
MEA-MFT v. Fox  
Date: February 5, 2014
Citation: 2014 MT 33
Docket Number: OP 13-0808

Justia Opinion Summary: At issue in this case was a petition challenging the legal sufficiency of LR-126, a referendum passed by the Legislature that would eliminate election-day voter registration and require all electors to register or to cha...

In re B.W.  
Date: February 4, 2014
Citation: 2014 MT 27
Docket Number: DA 12-0618

Justia Opinion Summary: Between December 11, 2011 and January 1, 2012, the Billings Police Department responded to more than 200 reports of vandalism. B.W., a youth, admitted to having committed acts of vandalism on December 22, 2011 and Decemb...

State v. Capes
Date: February 4, 2014
Citation: 2014 MT 31N
Docket Number: DA 12-0709
Manix v. Harris
Date: February 4, 2014
Citation: 2014 MT 30N
Docket Number: DA 13-0266
In re K.L.  
Date: February 4, 2014
Citation: 2014 MT 28
Docket Number: DA 13-0274

Justia Opinion Summary: After K.L. was removed from her parents’ custody, K.L. was adjudicated a youth in need of care, and the Department of Public Health and Human Services (Department) petitioned to terminate the parental rights of both pare...

Durnam v. Bank of America
Date: February 4, 2014
Citation: 2014 MT 32N
Docket Number: DA 13-0389
State v. Cressler
Date: February 4, 2014
Citation: 2014 MT 29N
Docket Number: DA 13-0483
State v. Tellegen  
Date: January 29, 2014
Citations: 2013 MT 337, 2013 MT 337A
Docket Number: DA 12-0632

Justia Opinion Summary: After a jury trial, Defendant was convicted of accountability to burglary and theft. The Supreme Court affirmed Defendant’s conviction and sentence for accountability to burglary and reversed Defendant’s conviction for t...

Matter of S.S-G. YINC
Date: January 29, 2014
Citation: 2014 MT 26N
Docket Number: DA 12-0651
State v. Luke  
Date: January 28, 2014
Citation: 2014 MT 22
Docket Number: DA 12-0775

Justia Opinion Summary: On November 26, 2011, the State charged Defendant with five misdemeanor offenses. On June 13, 2012, Defendant moved to dismiss the case on the ground that trial was being held beyond the six-month deadline imposed by Mon...

Deschamps v. Deschamps
Date: January 28, 2014
Citation: 2014 MT 24N
Docket Number: DA 13-0083
Lazy JC Ranch v. Donnes
Date: January 28, 2014
Citation: 2014 MT 25N
Docket Number: DA 13-0249
JEM v. Morrison-Maierle et al.
Date: January 28, 2014
Citation: 2014 MT 21
Docket Number: DA 13-0446
JEM Contracting, Inc. v. Morrison-Maierle, Inc.  
Date: January 28, 2014
Citation: 2014 MT 21
Docket Number: DA 13-0446

Justia Opinion Summary: Morrison-Maierle, Inc. (MMI) was hired by two counties to provide engineering services and supervision on a road improvement contract. The counties retained JEM Contracting, Inc. (JEM) to provide the construction service...

Wittich Law v. O Connell
Date: January 28, 2014
Citation: 2014 MT 23N
Docket Number: DA 13-0580
State v. Otto  
Date: January 23, 2014
Citation: 2014 MT 20
Docket Number: DA 12-0530

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal distribution of dangerous drugs, a felony. Defendant appealed, arguing that the district court erred by instructing the jury on the elements of the offense prior to...

State v. Johnston
Date: January 21, 2014
Citation: 2014 MT 17N
Docket Number: DA 12-0583
State v. Jason Rand
Date: January 21, 2014
Citation: 2014 MT 19N
Docket Number: DA 12-0756
State v. Johnson  
Date: January 21, 2014
Citation: 2014 MT 11
Docket Number: DA 13-0011

Justia Opinion Summary: Defendant was charged with one count of burglary and two counts of misdemeanor assault. Defendant pleaded guilty to the assaults but proceeded to a jury trial on the burglary charge. Defendant filed a motion to excuse a...

State v. Edmundson  
Date: January 21, 2014
Citation: 2014 MT 12
Docket Number: DA 13-0046

Justia Opinion Summary: Defendant pled guilty to one count of felony assault with a weapon. The district court sentenced Defendant to a ten-year term commitment to the Department of Corrections (DOC) with five years suspended. After Defendant’s...

State v. Samuel Pape Bettie
Date: January 21, 2014
Citation: 2014 MT 18N
Docket Number: DA 13-0196
Ruby Valley Nat’l Bank v. Wells Fargo Del. Trust Co., N.A.  
Date: January 21, 2014
Citation: 2014 MT 16
Docket Number: DA 13-0251

Justia Opinion Summary: Ruby Valley National Bank (RVNB) obtained and recorded a deed of trust (DOT) on certain real property subsequent to a previously recorded DOT. Wells Fargo Delaware Trust Co. (Wells Fargo) claimed to be the beneficiary of...

Chipman v. Northwest Healthcare Corp.  
Date: January 21, 2014
Citation: 2014 MT 15
Docket Number: DA 13-0329

Justia Opinion Summary: In the 1990s, Defendants (Employers) created a sick-leave policy allowing employees to bank their sick leave in a continued illness bank (CIB). In 2002, Employers modified the terms of the CIB to create the CIB pay-out b...

In re L.V-B.  
Date: January 21, 2014
Citation: 2014 MT 13
Docket Number: DA 13-0382

Justia Opinion Summary: After the district court adjudicated Child a youth in need of care, the State filed a petition to terminate Mother’s parental rights. Child was placed with Father before the termination hearing. The district court subseq...

Covenant Invs., Inc. v. First Sec. Bank  
Date: January 21, 2014
Citation: 2014 MT 14
Docket Number: DA 13-0502

Justia Opinion Summary: Then-owners of real property entered into a “Waiver of Right to Protest” the creation of special improvement districts (SIDs) for the purpose of making road and intersection improvements to Cottonwood Road between Huffin...

Pub. Lands Access Ass’n, Inc. v. Bd. of County Comm’rs of Madison County  
Date: January 16, 2014
Citation: 2014 MT 10
Docket Number: DA 12-0312

Justia Opinion Summary: Public Lands Access Association, Inc. (PLAA) sought a declaration that the public may use certain roads and bridges to access Ruby River. In 2008, the district court granted PLAA summary judgment on the issue of public a...

State v. Olson  
Date: January 14, 2014
Citation: 2014 MT 8
Docket Number: DA 12-0491

Justia Opinion Summary: Defendant pleaded guilty to felony theft pursuant to a plea agreement. Although both parties recommended that the district court follow the plea agreement in sentencing Defendant, the district court rejected the plea agr...

Spoja v. White  
Date: January 14, 2014
Citation: 2014 MT 9
Docket Number: DA 13-0216

Justia Opinion Summary: Rober Spoja represented Duste White regarding White’s probation revocation. The sentencing court sentenced White but did not mention whether the sentence was to be served concurrently with other sentences. White petition...

Bates v. Anderson  
Date: January 13, 2014
Citation: 2014 MT 7
Docket Number: DA 13-0374

Justia Opinion Summary: Plaintiff filed a complaint against a law firm and its attorneys (Defendants), alleging that Defendants committed legal malpractice when they advised Plaintiff, their former client, to sign a release with an insurer rega...

Schoof v. Nesbit  
Date: January 9, 2014
Citation: 2014 MT 6
Docket Number: DA 13-0038

Justia Opinion Summary: Plaintiff brought this action to challenge a decision by county commissioners (the Commissioners) to permit elected county officials to receive cash payments in lieu of county contributions on their behalf to a group hea...

Schoof v. Nesbit et al.
Date: January 9, 2014
Citation: 2014 MT 6
Docket Number: DA 13-0038
Boulder Monitor v. Jefferson High Sch. Dist. No. 1  
Date: January 9, 2014
Citation: 2014 MT 5
Docket Number: DA 13-0042

Justia Opinion Summary: The Boulder Monitor, which regularly attended meetings of the full Jefferson County High School Board, sued Jefferson High School District No. 1, claiming that a meeting of the Board’s budget subcommittee violated statut...

Plaintiff v. Defendant  
Date: January 7, 2014
Citation: 2014 MT 2
Docket Number: DA 13-0059

Justia Opinion Summary: Linda and Gerald Cintron gave Defendant a down payment of $180,000 and a promissory note to buy three five-acre lots from Defendant. The Cintrons never received title to the land, nor did Defendant refund the Cintrons’ m...

Estate of Welch v. Holcim, Inc.  
Date: January 7, 2014
Citation: 2014 MT 1
Docket Number: DA 13-0149

Justia Opinion Summary: In 2004, Petitioner was hired as a production supervisor for Holcim Inc.’s cement manufacturing plant. In 2008, Petitioner was diagnosed with angina. After Petitioner left Holcim, Petitioner filed a claim under the Monta...

State v. Macker  
Date: January 7, 2014
Citation: 2014 MT 3
Docket Number: DA 13-0269

Justia Opinion Summary: Defendant pled guilty to forgery and issuing bad checks and received a deferred sentence. Defendant subsequently violated the conditions of his supervision. The district court imposed two consecutive commitments to the D...

Matter of C.B.  
Date: January 7, 2014
Citation: 2014 MT 4
Docket Number: DA 13-0381

Justia Opinion Summary: C.B. was adjudicated a youth in need of care and placed in foster care due to Mother’s abuse of prescription drugs. The district court ordered Mother to complete a treatment plan to deal with her substance abuse issues....

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