Montana Supreme Court Decisions 2018

State v. A. Chesterfield
Date: December 27, 2018
Citation: 2018 MT 315N
Docket Number: DA 17-0527
Matter of J.Q. & J.Q., YINC
Date: December 27, 2018
Citation: 2018 MT 314N
Docket Number: DA 18-0008
State v. Heath  
Date: December 27, 2018
Citation: 2018 MT 318
Docket Number: DA 18-0095

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant’s motion to dismiss for lack of a speedy trial and admitting Defendant’s blood alcohol concentration into evidence, holding that the district c...

Matter of M.B., YINC
Date: December 27, 2018
Citation: 2018 MT 316N
Docket Number: DA 18-0279
In re J.J.C.  
Date: December 27, 2018
Citation: 2018 MT 317
Docket Number: DA 18-0368

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to her two children, holding that the district court did not abuse its discretion when it continued with child custody proce...

State v. Walker  
Date: December 19, 2018
Citation: 2018 MT 312
Docket Number: DA 17-0045

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of two counts of incest and two counts of sexual assault, holding that the district court did not abuse its discretion when it excluded polygraph evidence or evidence per...

Parenting of L.G.L., a minor child
Date: December 19, 2018
Citation: 2018 MT 313N
Docket Number: DA 18-0523
State v. Sliwinski
Date: December 18, 2018
Citation: 2018 MT 310N
Docket Number: DA 17-0297
Ferdig Oil Co., Inc. v. ROC Gathering, LLP  
Date: December 18, 2018
Citation: 2018 MT 307
Docket Number: DA 18-0129

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Defendants after determining that Defendants did not breach their contract with Plaintiffs, oil companies, but reversed for...

In re B.Y.  
Date: December 18, 2018
Citation: 2018 MT 309
Docket Number: DA 18-0152

Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Father’s parental rights to his two children, holding that the district court correctly determined to proceed as if the children were Indian children...

Kenyon-Noble Lumber Co. v. Dependant Foundations, Inc.  
Date: December 18, 2018
Citation: 2018 MT 308
Docket Number: DA 18-0175

Justia Opinion Summary: The Supreme Court affirmed the order of the district court holding that Kenyon-Noble Lumber Company (Kenyon Noble) had breached its contract with Dependent Foundations, Inc. (DF Inc.) by allowing a former authorized agen...

Matter of K.C., YINC
Date: December 18, 2018
Citation: 2018 MT 311N
Docket Number: DA 18-0221
Espinoza v. Montana Department of Revenue  
Date: December 12, 2018
Citation: 2018 MT 306
Docket Number: DA 17-0492

Justia Opinion Summary: The Supreme Court reversed the district court’s order granting summary judgment in favor of Plaintiffs, holding that the Tax Credit Program, which provides a taxpayer a dollar-for-dollar tax credit based on the taxpayer’...

State v. M. Brooks
Date: December 11, 2018
Citation: 2018 MT 301N
Docket Number: DA 16-0278
Jorgenson v. State
Date: December 11, 2018
Citation: 2018 MT 304N
Docket Number: DA 17-0318
State v. R. LaTray
Date: December 11, 2018
Citation: 2018 MT 305N
Docket Number: DA 17-0417
City of Billings v. Laedeke
Date: December 11, 2018
Citation: 2018 MT 303N
Docket Number: DA 17-0464
Peeler v. Rocky Mountain Log Homes Canada, Inc.  
Date: December 11, 2018
Citation: 2018 MT 297
Docket Number: DA 18-0086

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Defendants’ motion to compel arbitration and dismiss the case, holding that the district court did not erroneously compel arbitration. Plaintiff ent...

Little Big Warm Ranch, LLC v. Doll  
Date: December 11, 2018
Citation: 2018 MT 300
Docket Number: DA 18-0123

Justia Opinion Summary: The Supreme Court affirmed the order of the Water Court denying Little Big Warm Ranch, LLC’s (LBWR) motion to reopen proceedings and its request to substitute as an objector, holding that the Water Court did not err when...

In re Marriage of Remitz  
Date: December 11, 2018
Citation: 2018 MT 298
Docket Number: DA 18-0132

Justia Opinion Summary: The Supreme Court vacated the district court’s denial of Heather Remitz’s Mont. R. Civ. P. 60 motion for relief from judgment and remanded the matter to the district court to conduct limited discovery, holding that the R...

Rosendale v. Victory Insurance Co.  
Date: December 11, 2018
Citation: 2018 MT 299
Docket Number: DA 18-0198

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Victory Insurance Company’s (Victory) motion to change venue, holding that the specific venue provision in Mont. Code Ann. 33-2-1118 controlled over th...

Pintar., v. State
Date: December 11, 2018
Citation: 2018 MT 302N
Docket Number: DA 18-0280
State v. Coleman  
Date: December 4, 2018
Citation: 2018 MT 290
Docket Number: DA 16-0040

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court sentencing Defendant to the Montana State prison for thirty years with ten years suspended and ordering various probation conditions, holding that Defendant w...

State v. Walter  
Date: December 4, 2018
Citation: 2018 MT 292
Docket Number: DA 16-0548

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court sentencing Defendant to five years in the Montana State Prison, holding that Defendant’s attorney provided ineffective assistance of counsel and that Defendan...

Reed v. Martin
Date: December 4, 2018
Citation: 2018 MT 294N
Docket Number: DA 18-0118
Billings v. Spear
Date: December 4, 2018
Citation: 2018 MT 295N
Docket Number: DA 18-0194
Jorgensen v. Trademark Woodworks, LLC  
Date: December 4, 2018
Citation: 2018 MT 291
Docket Number: DA 18-0223

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that the contract between Tim and Kiri Jorgensen and Trademark Woodworks, LLC had been rescinded and awarding the Jorgensens damages and attorney’...

Marriage of Larson
Date: December 4, 2018
Citation: 2018 MT 296N
Docket Number: DA 18-0306
Wolf v. Wolf
Date: December 4, 2018
Citation: 2018 MT 293N
Docket Number: DA 18-0322
In re B.H.  
Date: November 27, 2018
Citation: 2018 MT 282
Docket Number: DA 17-0090

Justia Opinion Summary: The Supreme Court affirmed the findings of fact, conclusions of law, and order entered by the district court committing B.H. to the Montana State Hospital (MSH), holding that the district court did not commit plain error...

State v. French  
Date: November 27, 2018
Citation: 2018 MT 289
Docket Number: DA 17-0468

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court convicting Defendant of speeding, holding that the State’s comment to the jury that Defendant had already been convicted of the c...

S. McDowell v. State
Date: November 27, 2018
Citation: 2018 MT 287N
Docket Number: DA 17-0559
Marriage of Johnson
Date: November 27, 2018
Citation: 2018 MT 284N
Docket Number: DA 17-0657
Marriage of Rorabaugh
Date: November 27, 2018
Citation: 2018 MT 286N
Docket Number: DA 18-0013
In re Marriage of Simpson  
Date: November 27, 2018
Citation: 2018 MT 281
Docket Number: DA 18-0067

Justia Opinion Summary: The Supreme Court affirmed the district court order modifying Dennis Simpson’s and Larissa Simpson’s property settlement agreement and order awarding attorney fees, holding that the district court did not abuse its discr...

Parenting of L.G.L., a Minor Child.
Date: November 27, 2018
Citation: 2018 MT 283N
Docket Number: DA 18-0125
Schulz v. JTL d/b/a Knife-River
Date: November 27, 2018
Citation: 2018 MT 285N
Docket Number: DA 18-0225
Boland v. Boland
Date: November 27, 2018
Citation: 2018 MT 288N
Docket Number: DA 18-0403
State v. Johnson  
Date: November 20, 2018
Citation: 2018 MT 277
Docket Number: DA 16-0657

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court revoking a deferred sentence for failure to pay restitution, holding that the district court did not abuse its discretion. Specifically, the Court held (1) s...

In re Marriage of Hutchins  
Date: November 20, 2018
Citation: 2018 MT 275
Docket Number: DA 17-0575

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dissolving the marriage of Michele Hutchins and Michael Hutchins, holding that the parties’ premarital agreement was enforceable under Nevada law and that the di...

Wolfe v. Flathead Electric Cooperative, Inc.  
Date: November 20, 2018
Citation: 2018 MT 276
Docket Number: DA 18-0036

Justia Opinion Summary: The Supreme Court affirmed the district court granting summary judgment to Flathead Electric Cooperative, Inc. (FEC) alleging a violation of the Rural Electric and Telephone Cooperative Act (RETCA), holding that the dist...

Dunlap v. Hurt
Date: November 20, 2018
Citation: 2018 MT 280N
Docket Number: DA 18-0114
Peters v. Hildreth Livestock & Denhan Ranches
Date: November 20, 2018
Citation: 2018 MT 279N
Docket Number: DA 18-0184
Ally Financial, Inc. v. Stevenson  
Date: November 20, 2018
Citation: 2018 MT 278
Docket Number: DA 18-0205

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Nan Stevenson’s motion to amend her answer, third-party complaint, and counterclaim and entering judgment in favor of the third-party defendant, Big Sky...

State v. Wilson  
Date: November 13, 2018
Citation: 2018 MT 268
Docket Number: DA 17-0550

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant’s motion to suppress evidence gathered from a vehicle after a traffic stop, holding that sufficient evidence did not exist for an extended stop...

DeTienne v. Sandrock  
Date: November 13, 2018
Citation: 2018 MT 269
Docket Number: DA 17-0726

Justia Opinion Summary: The Supreme Court affirmed in part, reversed in part, and remanded in part the order of the district court that awarded Kevin DeTienne $1,291,635 in lost profits, prejudgment interest accruing from September 11, 2015, $1...

Marriage of Herrera
Date: November 13, 2018
Citation: 2018 MT 272N
Docket Number: DA 18-0031
In re I.K.  
Date: November 13, 2018
Citation: 2018 MT 270
Docket Number: DA 18-0100

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court terminating Father’s parental rights to his biological child, I.K., holding that the district court did not abuse its discretion in determining that terminati...

Alexander v. Developmental Center
Date: November 13, 2018
Citation: 2018 MT 271
Docket Number: DA 18-0143
Estate of Boushee
Date: November 13, 2018
Citation: 2018 MT 274N
Docket Number: DA 18-0174
Marriage of Vanuka
Date: November 13, 2018
Citation: 2018 MT 273N
Docket Number: DA 18-0250
State v. Chaplin  
Date: November 7, 2018
Citation: 2018 MT 266
Docket Number: DA 17-0169

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of sexual intercourse without consent, entered after a bench trial, holding that the district court did not violate Defendant’s right to present a full defense when it di...

State v. Sweet  
Date: November 7, 2018
Citation: 2018 MT 263
Docket Number: DA 17-0317

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of operating a noncommercial vehicle with an alcohol concentration of 0.08 or more, a “DUI per se,” holding that the district court did not abuse its discretion by giving...

Bergstrom v. Marquart
Date: November 7, 2018
Citation: 2018 MT 267N
Docket Number: DA 18-0026
In re X.M.  
Date: November 7, 2018
Citation: 2018 MT 264
Docket Number: DA 18-0103

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to her biological child, X.M., holding that Mother was not denied due process in the termination proceedings and that the di...

Weisz v. D.A. Davidson Trust Co.  
Date: November 7, 2018
Citation: 2018 MT 265
Docket Number: DA 18-0122

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of D.A. Davidson Trust Company and denying Valentine Weisz’s motion for partial summary judgment but reversed the order orderi...

Jackson v. Costco Wholesale  
Date: October 30, 2018
Citation: 2018 MT 262
Docket Number: DA 18-0065

Justia Opinion Summary: The Supreme Court affirmed an order of the district court affirming the Human Rights Commission’s decision granting summary judgment in favor of Costco Wholesale Corporation and dismissing Plaintiff’s claim of unlawful d...

Robinson v. State Compensation Mutual Insurance Fund  
Date: October 24, 2018
Citation: 2018 MT 259
Docket Number: DA 17-0603

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of State Compensation Mutual Insurance Fund (State Fund) on Plaintiff’s claims that, inter alia, Mont. Code Ann. 39-71-605...

State v. K. Briggs
Date: October 23, 2018
Citation: 2018 MT 261N
Docket Number: DA 16-0157
State v. Snider  
Date: October 23, 2018
Citation: 2018 MT 258
Docket Number: DA 16-0563

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions but remanded to the district court with instructions to strike one of the information technology fees imposed in Defendant’s sentence, holding that the district court im...

Robinson v. State Fund
Date: October 23, 2018
Citation: 2018 MT 259
Docket Number: DA 17-0603
Anderson v. John Deere & Co.  
Date: October 23, 2018
Citation: 2018 MT 257
Docket Number: DA 18-0085

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellants’ motion to compel arbitration of claims brought by Appellee, holding that the district court did not err in denying Appellants’ motion to compel arbitr...

Estate of Hader, Deceased
Date: October 23, 2018
Citation: 2018 MT 260N
Docket Number: DA 18-0197
State v. Hamilton  
Date: October 16, 2018
Citation: 2018 MT 253
Docket Number: DA 15-0253

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to 100 years imprisonment with seventy-five years suspended and twenty-five years of parole ineligibility on each count of two counts of...

State v. Mills  
Date: October 16, 2018
Citation: 2018 MT 254
Docket Number: DA 15-0470

Justia Opinion Summary: The Supreme Court affirmed Defendant’s judgment of conviction of felony theft and misdemeanor theft, as defined by Mont. Code Ann. 45-6-301(1), holding that the district court erred in allowing the State to present inadm...

State v. Ellison  
Date: October 16, 2018
Docket Number: DA 16-0105

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant’s convictions of two counts of tampering with or fabricating physical evidence and one count of impersonation of a public servant, holding that Defendant...

State v. C. Johnston
Date: October 16, 2018
Citation: 2018 MT 256N
Docket Number: DA 17-0153
In re L.A.G.  
Date: October 16, 2018
Citation: 2018 MT 255
Docket Number: DA 18-0119

Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Mother’s parental rights to her two children, holding that the district court erred when it proceeded with termination of Mother’s parental rights be...

State v. S. Brown
Date: October 9, 2018
Citation: 2018 MT 247N
Docket Number: DA 16-0030
State v. Heitkemper
Date: October 9, 2018
Citation: 2018 MT 251N
Docket Number: DA 16-0478
State v. Coburn  
Date: October 9, 2018
Citation: 2018 MT 246
Docket Number: DA 16-0578

Justia Opinion Summary: The Supreme Court affirmed the district court’s decision sentencing Defendant to the Montana State Prison (MSP) instead of committing him into the custody of the Montana Department of Health and Human Services (DPHHS), h...

State v. A. Thompson
Date: October 9, 2018
Citation: 2018 MT 249N
Docket Number: DA 17-0344
Zlahn v. State
Date: October 9, 2018
Citation: 2018 MT 250N
Docket Number: DA 17-0664
Boulder Hydro Limited Partnership v. NorthWestern Corp.  
Date: October 9, 2018
Citation: 2018 MT 248
Docket Number: DA 17-0744

Justia Opinion Summary: The Supreme court affirmed the judgment of the district court granting summary judgment to NorthWestern Corporation, doing business as NorthWestern Energy (NWE), on Boulder Hydro LP’s (Boulder) complaint, holding that th...

Missoula v. Mountain Water Co.  
Date: October 3, 2018
Citation: 2018 MT 245
Docket Number: DA 17-0733

Justia Opinion Summary: The Supreme Court reversed the findings of fact, conclusions of law, and order regarding Defendant’s second claim for litigation expenses in this condemnation litigation, holding that the district court erred in awarding...

Jorgensen v. Stubbs
Date: October 2, 2018
Citation: 2018 MT 244N
Docket Number: DA 17-0693
J. Blodgett v. State
Date: October 2, 2018
Citation: 2018 MT 243N
Docket Number: DA 18-0149
State v. Frey  
Date: September 25, 2018
Citation: 2018 MT 238
Docket Number: DA 16-0109

Justia Opinion Summary: Defendant appealed his conviction of three counts of child sexual assault. The Montana Supreme Court held that the district court did not abuse its discretion by partially denying defendant's pretrial motion in limine to...

State v. J. Rodriguez
Date: September 25, 2018
Citation: 2018 MT 241N
Docket Number: DA 16-0353
Big Sky Civil & Environmental, Inc. v. Dunlavy  
Date: September 25, 2018
Citation: 2018 MT 236
Docket Number: DA 17-0219

Justia Opinion Summary: The Montana Supreme Court affirmed the district court's denial of summary judgment to BSCE and grant of summary judgment on WAPC on BSCE's claim that Thomas Wertzberger was personally liable for certain professional serv...

Walker v. Phillips  
Date: September 25, 2018
Citation: 2018 MT 237
Docket Number: DA 17-0689

Justia Opinion Summary: The Montana Supreme Court affirmed the district court's ruling on summary judgment that plaintiffs have both an express private road easement and a prescriptive easement to travel across defendant's land. The court held...

Marriage of Johnson
Date: September 25, 2018
Citation: 2018 MT 239N
Docket Number: DA 18-0027
Sollid v. LSF9
Date: September 25, 2018
Citation: 2018 MT 242N
Docket Number: DA 18-0058
Miller v. State
Date: September 25, 2018
Citation: 2018 MT 240N
Docket Number: DA 18-0310
State v. Hatfield  
Date: September 18, 2018
Citation: 2018 MT 229
Docket Number: DA 16-0617

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for deliberate homicide, holding that the district court violated Defendant’s right to be present but that Defendant failed to demonstrate that the error was prejudicial....

In re A.J.C.  
Date: September 18, 2018
Citation: 2018 MT 234
Docket Number: DA 17-0600

Justia Opinion Summary: In this dependent neglect proceeding, the Supreme Court reversed the district court’s order permanently placing A.J.C. in the primary care of his maternal grandmother and denying the motion filed by the Department of Hea...

In re Marriage of Kesler  
Date: September 18, 2018
Citation: 2018 MT 231
Docket Number: DA 17-0666

Justia Opinion Summary: The Supreme Court affirmed the final parenting plan ordered by the district court, holding that substantial evidence supported the district court’s decision and that Appellant failed to demonstrate reversible error. The...

Cromwell v. Schaefer  
Date: September 18, 2018
Citation: 2018 MT 235
Docket Number: DA 17-0667

Justia Opinion Summary: The Supreme Court reversed the order of the district court setting forth a parenting plan which awarded maternal Grandmother primary residential custody of Child during the course of an ongoing child dependency proceedin...

United States Bureau of Land Management v. Korman  
Date: September 18, 2018
Citation: 2018 MT 232
Docket Number: DA 18-0017

Justia Opinion Summary: The Supreme Court affirmed the order of the Water Court granting the United States Bureau of Land Management’s (BLM) motion for summary judgment, holding that the Water Court correctly determined that the BLM was the own...

In re Marriage of Simpson  
Date: September 18, 2018
Citation: 2018 MT 230
Docket Number: DA 18-0067

Justia Opinion Summary: The Supreme Court affirmed the order of the district court modifying the property settlement agreement entered into by Dennis Simpson and Larissa Simpson and the subsequent order awarding attorney fees, holding that the...

Matter of K.M., YINC
Date: September 18, 2018
Docket Number: DA 18-0138
Renenger v. State  
Date: September 13, 2018
Citation: 2018 MT 228
Docket Number: DA 17-0387

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granted the State’s motion to dismiss and Jefferson County’s motion for summary judgment as to Plaintiffs’ complaint against special deputy prosecutor Steven...

State v. D. Windsor
Date: September 11, 2018
Citation: 2018 MT 223N
Docket Number: DA 16-0481
State v. T. Costa
Date: September 11, 2018
Citation: 2018 MT 222N
Docket Number: DA 16-0531
State v. T. Sliwinski
Date: September 11, 2018
Citation: 2018 MT 226N
Docket Number: DA 16-0614
City of Missoula v. Franklin  
Date: September 11, 2018
Citation: 2018 MT 218
Docket Number: DA 16-0760

Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the order of the Missoula Municipal Court’s denying Defendant’s motion to strike a twenty-five-dollar surcharge to fund the city attorney’s office a...

Deleon v. BNSF Railway Co.  
Date: September 11, 2018
Citation: 2018 MT 219
Docket Number: DA 17-0627

Justia Opinion Summary: The Supreme Court affirmed the district court’s orders granting motions to dismiss Plaintiffs’ negligence claims against BNSF Railway Company, holding that a company does not consent to general personal jurisdiction by r...

In re Marriage of Williams  
Date: September 11, 2018
Citation: 2018 MT 221
Docket Number: DA 17-0637

Justia Opinion Summary: The Supreme Court affirmed the district court’s findings of fact and conclusions of law setting forth the court’s parenting plan, which provided for the parties’ children to reside on a primary basis in Columbus, Montana...

R. Rose v. State
Date: September 11, 2018
Citation: 2018 MT 224N
Docket Number: DA 18-0049
State v. William M. Russell
Date: September 11, 2018
Citation: 2018 MT 227N
Docket Number: DA 18-0108
U. Ortega v. State
Date: September 11, 2018
Citation: 2018 MT 225N
Docket Number: DA 18-0172
Montana State University-Bozeman v. First Judicial District Court  
Date: September 11, 2018
Citation: 2018 MT 220
Docket Number: OP 18-0311

Justia Opinion Summary: The Supreme Court exercised supervisory control over pending proceedings in the underlying matter of Cepeda v. Montana State University and reversed an order sanctioning Montana State University-Bozeman (MSU), holding th...

State v. Larsen  
Date: September 4, 2018
Citation: 2018 MT 211
Docket Number: DA 16-0381

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for felony possession of methamphetamine and misdemeanor possession of marijuana possession but reversed his sentence, holding that trial counsel’s deficient performance...

State v. Weik  
Date: September 4, 2018
Citation: 2018 MT 213
Docket Number: DA 16-0664

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of stalking Thresa Goldberg and sentencing Defendant to five years in prison with two years suspended but instructed the court to correct...

State v. D. Degele
Date: September 4, 2018
Citation: 2018 MT 216N
Docket Number: DA 17-0170
State v. D. Hamilton
Date: September 4, 2018
Citation: 2018 MT 214N
Docket Number: DA 17-0271
Smalling v. Klubben  
Date: September 4, 2018
Citation: 2018 MT 217
Docket Number: DA 17-0463

Justia Opinion Summary: The Supreme Court affirmed the order of the Fourth Judicial District Court, Missoula County (Montana Court) determining that it had jurisdiction over a child custody proceeding concerning Father’s minor child (Child), ho...

Melton v. Speth  
Date: September 4, 2018
Citation: 2018 MT 212
Docket Number: DA 17-0690

Justia Opinion Summary: The Supreme Court affirmed the summary judgment dismissal of Plaintiff’s medical malpractice claim against Defendant, holding that the district court did not err by ruling that Plaintiff’s expert was not qualified under...

Matter of R.W., YINC
Date: September 4, 2018
Citation: 2018 MT 215N
Docket Number: DA 17-0701
McCann v. McCann  
Date: August 28, 2018
Citation: 2018 MT 207
Docket Number: DA 17-0538

Justia Opinion Summary: The Supreme Court affirmed the district court’s entry of judgment as a matter of law in favor of Defendants, corporate entities and individuals, at the close of Plaintiff’s case-in-chief in the bench trial held on her cl...

B. Lowry v. State
Date: August 28, 2018
Citation: 2018 MT 210N
Docket Number: DA 17-0646
Matter of T.F., IV & K.F., YINC
Date: August 28, 2018
Citation: 2018 MT 208N
Docket Numbers: DA 18-0056, DA 18-0057
In re P.T.D.  
Date: August 22, 2018
Citation: 2018 MT 206
Docket Number: DA 17-0306

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating the parental rights of A.M., the putative father of P.T.D., holding that the district court was not required to comply with the requirements of the I...

State v. Barrows  
Date: August 21, 2018
Citation: 2018 MT 204
Docket Number: DA 17-0061

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment and sentence of the district court convicting Defendant of three counts of felony assault with a weapon and two counts of felony criminal...

Bockman-Fryberger v. State  
Date: August 21, 2018
Citation: 2018 MT 202
Docket Number: DA 17-0691

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court refusing to strike for cause a juror who was a state employee in this action filed against the State to recover damages for injuries sustained in a collision...

Matter of L.N.D. & T.N.D. Jr., YINC
Date: August 21, 2018
Citation: 2018 MT 203N
Docket Number: DA 17-0734
In re M.B.  
Date: August 21, 2018
Citation: 2018 MT 205
Docket Number: DA 18-0064

Justia Opinion Summary: The Supreme Court affirmed the district court’s order terminating Father’s parental rights to his daughter, M.B., holding that the district court did not abuse its discretion. On appeal, Father argued that the Departmen...

Montanans Against Tax Hikes v. State  
Date: August 15, 2018
Citation: 2018 MT 201
Docket Number: OP 18-0455

Justia Opinion Summary: In this original action, the Supreme Court denied Montanans Against Tax Hikes’s petition for declaratory and injunctive relief to determine whether the ballot statement of Initiative 185 (I-185) met the requirements of M...

State v. Cleveland  
Date: August 14, 2018
Citation: 2018 MT 199
Docket Number: DA 16-0669

Justia Opinion Summary: The Supreme Court reversed Defendant’s convictions and sentences imposed for three felony counts, holding that the district court erred in ordering certain restitution and that the court’s written judgment did not confor...

State v. J. Steinhorst
Date: August 14, 2018
Citation: 2018 MT 200N
Docket Number: DA 16-0703
Cramer v. Farmers Insurance Exchange  
Date: August 14, 2018
Citation: 2018 MT 198
Docket Number: DA 17-0658

Justia Opinion Summary: In this insurance dispute, the Supreme Court reversed in part the entry of summary judgment in Plaintiff’s declaratory action regarding underinsured motorist coverage (UIM) in favor of Farmers Insurance Exchange, holding...

Daley v. Burlington Northern Santa Fe Railway Co  
Date: August 14, 2018
Citation: 2018 MT 197
Docket Number: DA 17-0681

Justia Opinion Summary: The Supreme Court affirmed the jury verdict in favor of Burlington Northern Santa Fe Railway Company (BN) on Plaintiff’s claims that BN violated the standard of care under the Federal Employers Liability Act (FELA) and t...

State v. M. Whitford
Date: August 7, 2018
Citation: 2018 MT 195N
Docket Number: DA 15-0379
City of Helena v. Frankforter  
Date: August 7, 2018
Citation: 2018 MT 193
Docket Number: DA 15-0801

Justia Opinion Summary: The Supreme Court clarified in this case its jurisprudence regarding jurisdiction and venue in criminal cases, holding (1) a defendant waives his or her right to object to the county in which a charge is filed if he or s...

State v. Williams  
Date: August 7, 2018
Citation: 2018 MT 194
Docket Number: DA 16-0646

Justia Opinion Summary: The Supreme Court affirmed the judgment entered by the district court pursuant to a jury verdict finding Defendant guilty of sexual intercourse without consent, aggravated burglary, and aggravated assault, holding that t...

ALPS Property & Casualty Insurance Co. v. McLean & McLean  
Date: August 7, 2018
Citation: 2018 MT 190
Docket Number: DA 16-0739

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the district court’s grant of summary judgment in favor of ALPS Property & Casualty Insurance Company (ALPS) in this declaratory action, holding that t...

In re D.E.  
Date: August 7, 2018
Citation: 2018 MT 196
Docket Number: DA 17-0642

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court terminating Mother’s parental rights to her two children, holding that the court erred in proceeding with termination of parental rights in the absence of a c...

O'Brien v. Krantz  
Date: August 7, 2018
Citation: 2018 MT 191
Docket Number: DA 18-0042

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s petition for a writ of mandate requesting that the court compel the Flathead County Treasurer to issue him a tax deed or appear and show cause why it...

In re G.W.  
Date: August 7, 2018
Citation: 2018 MT 192
Docket Number: DA 18-0061

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to G.W., holding that the district court did not clearly err in adjudicating the child a youth in need of care (YINC). Afte...

State v. Ilk  
Date: July 31, 2018
Citation: 2018 MT 186
Docket Number: DA 16-0580

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for attempted deliberate homicide and aggravated assault, holding (1) the district court erred by instructing the jury using conduct-based definitions of purposely and kn...

State v. Clemans  
Date: July 31, 2018
Citation: 2018 MT 187
Docket Number: DA 17-0014

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court, rendered after a jury trial, convicting Defendant of one count of sexual intercourse without consent. In affirming, the Court held (1) the district court did...

Montana State Fund v. Liberty Northwest Insurance Corp.  
Date: July 31, 2018
Citation: 2018 MT 188
Docket Number: DA 17-0522

Justia Opinion Summary: In this workers’ compensation case, the Supreme Court held that the Workers’ Compensation Court (WCC) erred in holding that Mont. Code Ann. 39-71-407(14) did not apply for purposes of determining liability for the exacer...

In re Marriage of Toenjes  
Date: July 31, 2018
Citation: 2018 MT 189
Docket Number: DA 17-0635

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Vincent Toenjes’ (Vince) motion to modify his maintenance obligation to Joni Hardy (Joni), his former wife, and requiring him to pay Joni’s attorney fees...

In re J.J.  
Date: July 24, 2018
Docket Number: DA 16-0407

Justia Opinion Summary: The Supreme Court held that Montana law does not preclude physical restraint of a seriously mentally ill individual during transportation from a courtroom to a hospital or mental health facility. The district court orde...

State v. L. Eller
Date: July 24, 2018
Citation: 2018 MT 185N
Docket Number: DA 16-0448
Associated Management Services, Inc. v. Ruff  
Date: July 24, 2018
Citation: 2018 MT 182
Docket Number: DA 17-0102

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this dispute between Associated Management Services, Inc. (AMS) and Daniel R. Ruff and Ruff Software, Inc. (collectively, Ruff) over the parties’ relative...

ECI Credit, LLC v. Diamond S Inc.  
Date: July 24, 2018
Citation: 2018 MT 183
Docket Number: DA 17-0574

Justia Opinion Summary: The Supreme Court affirmed the district court’s orders dismissing ECI Credit, LLC’s case against Diamond S. Inc. under Mont. R. Civ. P. 41(b) and denying its motion for relief from that dismissal under Mont. R. Civ. P. 6...

State v. Huffine  
Date: July 17, 2018
Citation: 2018 MT 175
Docket Number: DA 16-0087

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment of conviction convicting Defendant of four counts of felony violation of a protective order, holding that the district court erred in fail...

State v. Polak  
Date: July 17, 2018
Citation: 2018 MT 174
Docket Number: DA 16-0306

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part Defendant’s conviction for deliberate homicide with a weapons enhancement, tampering with or fabricating physical evidence, and criminal endangerment,...

In re S.D.  
Date: July 17, 2018
Citation: 2018 MT 176
Docket Number: DA 17-0179

Justia Opinion Summary: The Supreme Court affirmed the order of the district court approving S.D.’s waiver of her rights and ordering S.D.’s involuntary commitment, holding that the district court did not violate S.D.’s statutory and due proces...

Steffensmier v. Huebner  
Date: July 17, 2018
Citation: 2018 MT 173
Docket Number: DA 17-0416

Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the trial court's judgment that Dr. David Huebner was not negligent in his treatment of David Bushong. Bushong was diagnosed with a rare and aggressive form...

Bugli v. Ravalli County  
Date: July 17, 2018
Citation: 2018 MT 177
Docket Number: DA 17-0426

Justia Opinion Summary: In this property dispute, the Supreme Court affirmed the judgment of the district court granting Ravalli County’s motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, holding that Land...

J. Stewart v. State
Date: July 17, 2018
Citation: 2018 MT 180N
Docket Number: DA 17-0597
J. Stewart v. State
Date: July 17, 2018
Citation: 2018 MT 179N
Docket Number: DA 17-0625
Matter of C.E., YINC
Date: July 17, 2018
Citation: 2018 MT 181N
Docket Number: DA 17-0671
Marriage of Stone
Date: July 17, 2018
Citation: 2018 MT 178N
Docket Number: DA 17-0728
J. Delacruz v. State
Date: July 10, 2018
Citation: 2018 MT 170N
Docket Number: DA 17-0043
D. Hobbs v. State
Date: July 10, 2018
Citation: 2018 MT 168N
Docket Number: DA 17-0332
Matter of E.V.C.C., YINC
Date: July 10, 2018
Citation: 2018 MT 172N
Docket Number: DA 17-0560
Belanus v. Hoovestal
Date: July 10, 2018
Citation: 2018 MT 166N
Docket Number: DA 17-0590
Estate of Elliot
Date: July 10, 2018
Citation: 2018 MT 171N
Docket Number: DA 17-0618
M.W. aka M.S., YINC
Date: July 10, 2018
Citation: 2018 MT 169N
Docket Number: DA 17-0652
Matter of B.S., YINC
Date: July 10, 2018
Citation: 2018 MT 167N
Docket Number: DA 17-0688
Boehm v. Park County  
Date: July 10, 2018
Docket Number: DA 17-0723

Justia Opinion Summary: The Supreme Court affirmed the district court’s decision quashing Appellant’s petition for writ of mandate seeking an order directing that Park County rescind its order instructing him to cease construction of his septic...

Tipton v. Montana Thirteenth Judicial District Court  
Date: July 5, 2018
Citation: 2018 MT 164
Docket Number: OP 17-0678

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant’s motion to dismiss the charge of sexual intercourse without consent of a minor under sixteen years old for the 1987 rape of an eight-year-old...

State v. Clawson  
Date: July 3, 2018
Citation: 2018 MT 160
Docket Number: DA 15-0765

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part judgments entered in the district court following Defendant’s guilty pleas to felony driving under the influence of alcohol (DUI) and misdemeanor drivi...

State v. C. Cummings
Date: July 3, 2018
Citation: 2018 MT 162N
Docket Number: DA 16-0476
State v. T. Johnston
Date: July 3, 2018
Citation: 2018 MT 161N
Docket Number: DA 17-0167
Hiland Crude, LLC v. State, Department of Revenue  
Date: July 3, 2018
Citation: 2018 MT 159
Docket Number: DA 17-0558

Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of summary judgment in favor of Hiland Crude, LLC in this declaratory action challenging the tax classification of Hiland Crude’s crude oil gathering pipelines in Mon...

Matter of K.C., YINC
Date: July 3, 2018
Citation: 2018 MT 163N
Docket Number: DA 17-0668
State v. Michelotti  
Date: June 26, 2018
Citation: 2018 MT 158
Docket Number: DA 16-0759

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for aggravated burglary and four counts of assault with a weapon, entered after a jury trial. The Court held (1) the district court did not abuse its discretion by admitt...

Marriage of Konopatzke
Date: June 26, 2018
Citation: 2018 MT 157N
Docket Number: DA 17-0415
Marriage of Nagel
Date: June 26, 2018
Citation: 2018 MT 156N
Docket Number: DA 17-0437
In re Marriage of Anderson  
Date: June 26, 2018
Citation: 2018 MT 155
Docket Number: DA 17-0746

Justia Opinion Summary: The district court erred in treating Bryan Larson’s appeal of the justice court’s denial of his motion to dissolve a final order of protection as an appeal of the order of protection. After Shoshon Anderson and Bryan La...

City of Great Falls v. T. Wagner
Date: June 19, 2018
Citation: 2018 MT 154N
Docket Number: DA 16-0444
Gazelka v. St. Peter's Hospital  
Date: June 19, 2018
Citation: 2018 MT 152
Docket Number: DA 17-0507

Justia Opinion Summary: Montana’s Preferred Provider Agreements Act (MPPAA), Mont. Code Ann. 33-22-1701 to -1707, does not violate the Equal Protection Clause of the Montana Constitution. Plaintiff sought and received treatment from St. Peter’...

In re X.B.  
Date: June 19, 2018
Citation: 2018 MT 153
Docket Number: DA 17-0698

Justia Opinion Summary: The Supreme Court affirmed the orders of the district court terminating Father’s parental rights to his minor children, X.B. and I.B. On appeal, Father argued that the district court abused its discretion in determining...

Montana Mining Ass’n v. State  
Date: June 19, 2018
Citation: 2018 MT 151
Docket Number: OP 18-0287

Justia Opinion Summary: The Supreme Court denied the Montana Mining Association’s (MMA) request to overrule the Attorney General’s determination that Initiative 186 (I-186) is legally sufficient in this original proceeding. If enacted, I-186 w...

State v. Buckles  
Date: June 15, 2018
Docket Number: DA 17-0018

Justia Opinion Summary: The Supreme Court reversed Defendant’s convictions for felony use or possession of property subject to criminal forfeiture, felony criminal possession of dangerous drugs, and other drug offenses, holding that the distric...

State v. M. Cox
Date: June 12, 2018
Citation: 2018 MT 149N
Docket Number: DA 15-0753
State v. Sutton  
Date: June 12, 2018
Citation: 2018 MT 143
Docket Number: DA 15-0778

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of charges related to marijuana possession and production and resisting arrest, holding that Defendant was not entitled to relief on her claims on appeal. Specifically,...

State v. Knippel  
Date: June 12, 2018
Citation: 2018 MT 144
Docket Number: DA 16-0655

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant’s motion to dismiss the charges against him on the grounds that the State violated his statutory speedy trial rights under Mont. Code Ann. 46-1...

State v. Freiburg  
Date: June 12, 2018
Citation: 2018 MT 145
Docket Number: DA 16-0663

Justia Opinion Summary: The Supreme Court reversed Defendant’s conviction for criminal child endangerment by driving under the influence (DUI), holding that the district court erred by refusing to give lesser-included offense instructions for D...

State v. T. Payne
Date: June 12, 2018
Citation: 2018 MT 147N
Docket Number: DA 16-0702
State v. Colburn  
Date: June 12, 2018
Citation: 2018 MT 141
Docket Number: DA 17-0175

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for sexual assault and sexual intercourse without consent against a minor, holding that there was no error during the trial proceedings requiring reversal. On appeal, D...

City of Missoula v. Kroschel  
Date: June 12, 2018
Citation: 2018 MT 142
Docket Number: DA 17-0184

Justia Opinion Summary: Under the particular facts and circumstances of this case, the municipal court erred in denying Defendant’s motion to suppress evidence. Defendant was found guilty of being a minor in possession of alcohol. Before her n...

Elliott and Mondul v. Powell Co. Planning Board
Date: June 12, 2018
Citation: 2018 MT 148N
Docket Number: DA 17-0662
H. Wylie v. Mt. Women's Prison
Date: June 12, 2018
Citation: 2018 MT 146N
Docket Number: DA 17-0708
City of Missoula v. Mountain Water Co.  
Date: June 5, 2018
Citation: 2018 MT 139
Docket Number: DA 17-0272

Justia Opinion Summary: In this condemnation proceeding initiated by the City of Missoula to condemn the water system serving the City, previously owned by Property Owners, the Supreme Court affirmed in part and reversed and remanded in part th...

Marriage of Mangold
Date: June 5, 2018
Citation: 2018 MT 138N
Docket Number: DA 17-0427
Brown v. Gehring
Date: June 5, 2018
Citation: 2018 MT 135N
Docket Number: DA 17-0428
Enz v. Raelund  
Date: June 5, 2018
Citation: 2018 MT 134
Docket Number: DA 17-0546

Justia Opinion Summary: In this complaint alleging breach of a lease, the Supreme Court affirmed the order of the district court denying the motions to set aside default and default judgment filed by Anthony Raelund, Candice Raelund, and Raelun...

Parenting of P.R.F.
Date: June 5, 2018
Citation: 2018 MT 137N
Docket Number: DA 17-0615
State v. Reger  
Date: June 5, 2018
Citation: 2018 MT 133
Docket Number: DA 17-0656

Justia Opinion Summary: The Supreme Court affirmed the district court’s order denying Defendant’s motion to dismiss the charge against him for lack of subject matter jurisdiction, holding that the district court did not err in concluding that t...

Matter of K.P.D. & G.E.D., YINC
Date: June 5, 2018
Docket Number: DA 17-0680
Matter of Genet McCann
Date: June 5, 2018
Citation: 2018 MT 140
Docket Number: PR 17-0670
State v. S. Turnidge
Date: May 29, 2018
Citation: 2018 MT 132N
Docket Number: DA 16-0628
Darty v. Cornish  
Date: May 29, 2018
Citation: 2018 MT 129
Docket Number: DA 17-0200

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff’s complaint for failure to state a claim, holding that the allegations in the complaint failed to state a claim of unjust enrichment upon...

State v. Palmer
Date: May 29, 2018
Citation: 2018 MT 130N
Docket Number: DA 17-0270
State v. Marozzo
Date: May 29, 2018
Citation: 2018 MT 131N
Docket Number: DA 17-0307
Reservation Operations Center LLC v. Scottsdale Insurance Co.  
Date: May 29, 2018
Citation: 2018 MT 128
Docket Number: DA 17-0580

Justia Opinion Summary: The Supreme Court reversed the district court’s deemed denial of Scottsdale Insurance Company’s motion to set aside the default judgment entered against it, holding that Scottsdale satisfied its burden of establishing th...

State v. Emter
Date: May 22, 2018
Citation: 2018 MT 127N
Docket Number: DA 16-0305
Kelley v. CUT et al
Date: May 22, 2018
Citation: 2018 MT 126N
Docket Number: DA 17-0481
Collins v. Honorable Gregory G. Pinski  
Date: May 22, 2018
Citation: 2018 MT 125
Docket Number: OP 18-0166

Justia Opinion Summary: The Supreme Court granted Petitioner’s request to exercise supervisory control over the Eighth Judicial District Court, Cascade County, in a criminal action following the district court’s denial of Petitioner’s motion to...

Puryer v. HSBC Bank  
Date: May 18, 2018
Citation: 2018 MT 124
Docket Number: DA 17-0475

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court dismissing Plaintiff’s amended complaint against several lenders, holding that the district court did not err in dismissing some of...

Kohoutek v. State, Department of Revenue  
Date: May 16, 2018
Citation: 2018 MT 123
Docket Number: DA 17-0131

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court concluding that the weighted average discount ratio (WADR), codified in Mont. Code Ann. 16-2-101(2)(b)(ii)(B), violated liquor store owners’ (collectively, St...

State v. W. Thomason
Date: May 15, 2018
Citation: 2018 MT 122N
Docket Number: DA 15-0729
Ascencio v. Orion International Corp.  
Date: May 15, 2018
Citation: 2018 MT 121
Docket Number: DA 17-0353

Justia Opinion Summary: The Supreme Court affirmed in part the district court’s denial of class certification on the basis that Plaintiff failed to satisfy the Mont. R. Civ. P. 23(b)(3) element of superiority. Plaintiff was terminated at the c...

Montana Fish, Wildlife and Parks v. Trap Free Montana Public Lands  
Date: May 15, 2018
Citation: 2018 MT 120
Docket Number: DA 17-0586

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court reversing the decision of the Office of the Commissioner of Political Practices (the Commissioner) that the Montana Department of Fish Wildlife and Parks (FWP...

State v. Reinert  
Date: May 8, 2018
Citation: 2018 MT 111
Docket Number: DA 15-0669

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for deliberate homicide, holding that the district court did not err in denying Defendant’s motion for a new trial based on the State withholding exculpatory or impeachme...

State v. Nordholm
Date: May 8, 2018
Citation: 2018 MT 116N
Docket Number: DA 15-0743
State v. M. Lenoir
Date: May 8, 2018
Citation: 2018 MT 117N
Docket Number: DA 16-0577
State v. Moore  
Date: May 8, 2018
Citation: 2018 MT 110
Docket Number: DA 16-0637

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for driving under the influence (DUI), holding that the district court did not err by denying Defendant’s motion to suppress blood test results obtained by a search warra...

Smith v. State of Montana
Date: May 8, 2018
Citation: 2018 MT 115N
Docket Number: DA 17-0146
Nelson v. Salituro  
Date: May 8, 2018
Citation: 2018 MT 113
Docket Number: DA 17-0341

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court quieting surface title and a one-half interest in a mineral estate to Mark and Jo Marie Nelson, with the remaining half interest in Anthony Palese and Mary Jo...

In re A.L.D.  
Date: May 8, 2018
Citation: 2018 MT 112
Docket Number: DA 17-0402

Justia Opinion Summary: In this case governed by the Indian Child Welfare Act (ICWA), the Supreme Court affirmed the decision of the district court to terminate Father’s rights to his minor child (Child), holding that Father’s contentions on ap...

Ramsbacher v. Jim Palmer Trucking  
Date: May 8, 2018
Citation: 2018 MT 118
Docket Number: DA 17-0502

Justia Opinion Summary: Mont. Code Ann. 39-8-207(8)(b)(i), which extends the exclusivity remedy of the Workers’ Compensation Act (WCA) from a professional employer organization (PEO) to its client, does not violate Mont. Const. art. II, 16 by d...

In re Marriage of Scrantom  
Date: May 8, 2018
Citation: 2018 MT 109
Docket Number: DA 17-0588

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Petitioner’s request to review the Standing Master’s order denying Petitioner relief in this dissolution proceeding on the basis that Petitioner's object...

Missoula v. Mountain Water Co.  
Date: May 8, 2018
Citation: 2018 MT 114
Docket Number: DA 17-0674

Justia Opinion Summary: In this condemnation proceeding, the district court did not err in concluding that Mountain Water Company was not entitled to statutory interest pursuant to Mont. Code Ann. 70-30-302(2), when read in conjunction with Mon...

Bassett v. Lamantia  
Date: May 8, 2018
Citation: 2018 MT 119
Docket Number: OP 17-0322

Justia Opinion Summary: Under Montana law, when a plaintiff claims he or she was injured directly by a law enforcement officer’s affirmative acts, the public duty doctrine does not exclude all duties that may arise pursuant to generally applica...

State v. Windsor
Date: May 1, 2018
Citation: 2018 MT 107N
Docket Number: DA 16-0138
State v. Youpee  
Date: May 1, 2018
Citation: 2018 MT 102
Docket Number: DA 16-0630

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part an order of the district court revoking Appellant’s suspended sentence and committing him to the Department of Corrections for ten years for commitment...

R. Crawford v. State
Date: May 1, 2018
Citation: 2018 MT 104N
Docket Number: DA 17-0248
Riggs v. Fletcher
Date: May 1, 2018
Citation: 2018 MT 106N
Docket Number: DA 17-0291
Buccelli v. State
Date: May 1, 2018
Citation: 2018 MT 105N
Docket Number: DA 17-0362
State v. Erickson
Date: May 1, 2018
Citation: 2018 MT 103N
Docket Number: DA 17-0524
Ardary v. Paris
Date: May 1, 2018
Citation: 2018 MT 108N
Docket Number: DA 17-0579
State v. Flowers  
Date: April 24, 2018
Citation: 2018 MT 96
Docket Number: DA 15-0701

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of criminal possession of methamphetamine and other drug offenses after law enforcement found drugs and paraphernalia in Defendant’s pick...

Matter of C.S-S.
Date: April 24, 2018
Citation: 2018 MT 97N
Docket Number: DA 16-0536
State v. R. Mascarena
Date: April 24, 2018
Citation: 2018 MT 100N
Docket Number: DA 16-0679
State v. R. Wick
Date: April 24, 2018
Citation: 2018 MT 99N
Docket Number: DA 17-0185
State v. Onofrey
Date: April 24, 2018
Citation: 2018 MT 98N
Docket Number: DA 17-0439
Marriage of Farmer and Cassady
Date: April 24, 2018
Citation: 2018 MT 101N
Docket Number: DA 17-0523
Sweeney v. Third Judicial District Court  
Date: April 24, 2018
Citation: 2018 MT 95
Docket Number: OP 17-0677

Justia Opinion Summary: The district court erred when it denied the motion to quash filed by attorney Shannon Sweeney seeking to quash a subpoena compelling Sweeney to testify regarding communications she may have had with her client, Dakota Mc...

State v. C. Ankeny
Date: April 17, 2018
Citation: 2018 MT 91
Docket Number: DA 15-0238
State v. Ankeny  
Date: April 17, 2018
Citation: 2018 MT 91
Docket Number: DA 15-0238

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for assault with a weapon, two counts of partner or family member assault, and unauthorized use of a motor vehicle. The Court held that the district court (1) did not abu...

State v. Lau  
Date: April 17, 2018
Citation: 2018 MT 93
Docket Number: DA 15-0270

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for deliberate homicide, holding that the prosecutor did not commit misconduct during closing argument that prejudiced Defendant’s right to a fair trial and warranted pla...

State v. Zimmerman  
Date: April 17, 2018
Citation: 2018 MT 94
Docket Number: DA 16-0687

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the district court’s denials of Defendant’s motion to suppress and motion in limine and the grant of the State’s motion in limine in this criminal case...

State v. Sherlock  
Date: April 17, 2018
Citation: 2018 MT 92
Docket Number: DA 16-0705

Justia Opinion Summary: The justice court did not err in concluding that Defendant waived his right to a jury trial when he failed to appear at his jury confirmation hearing. Defendant was found guilty by the justice court of driving while und...

State v. Conley  
Date: April 10, 2018
Citation: 2018 MT 83
Docket Number: DA 16-0134

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress evidence discovered in the course of a probationary search of the vehicle in which Defendant was a passenger, holding that, under t...

City of Missoula v. T. Jordan
Date: April 10, 2018
Citation: 2018 MT 85N
Docket Number: DA 16-0211
State v. Neva  
Date: April 10, 2018
Citation: 2018 MT 81
Docket Number: DA 16-0499

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction upon a nolo contendere plea for driving under the influence (DUI), holding that the arresting officer did not unreasonably impede Defendant’s right to obtain an independe...

State v. P. Gribble
Date: April 10, 2018
Citation: 2018 MT 90N
Docket Number: DA 16-0524
Marriage of Pasquinzo
Date: April 10, 2018
Citation: 2018 MT 84N
Docket Number: DA 17-0357
Marriage of Tronstad
Date: April 10, 2018
Citation: 2018 MT 88N
Docket Number: DA 17-0369
Marriage of Stratford and Eldredge
Date: April 10, 2018
Citation: 2018 MT 87N
Docket Number: DA 17-0477
Cossitt v. Flathead Industries, Inc.  
Date: April 10, 2018
Citation: 2018 MT 82
Docket Number: DA 17-0490

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the order of the district court dismissing Plaintiff’s claims under the Montana Residential Landlord and Tenant Act of 1977 (Landlord-Tenant Act) and a...

State v. Jackson
Date: April 10, 2018
Citation: 2018 MT 86N
Docket Number: DA 17-0561
Matter of B.M. S.J. B.J. YINC
Date: April 10, 2018
Citation: 2018 MT 89N
Docket Number: DA 17-0564
Guillen v. State  
Date: April 3, 2018
Citation: 2018 MT 71
Docket Number: DA 16-0272

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s petition for postconviction relief based on Appellant’s claim of actual innocence and held that the district court correctly determined that Appellant...

State v. S. Downs
Date: April 3, 2018
Citation: 2018 MT 76N
Docket Number: DA 16-0290
Teton Coop v. Farmers Coop.
Date: April 3, 2018
Citation: 2018 MT 66
Docket Number: DA 16-0322
Teton Cooperative Reservoir Co. v. Farmers Cooperative Canal Co.  
Date: April 3, 2018
Citation: 2018 MT 66
Docket Number: DA 16-0322

Justia Opinion Summary: The Supreme Court affirmed an April 27, 2016 order of the Montana Water Court adjudicating Teton Cooperative Reservoir Company’s (Teton Reservoir) water rights. The Court held that the Water Court did not err in (1) dete...

State v. D. Moffett
Date: April 3, 2018
Citation: 2018 MT 75N
Docket Number: DA 16-0348
State v. Parkhill  
Date: April 3, 2018
Citation: 2018 MT 69
Docket Number: DA 16-0623

Justia Opinion Summary: The Supreme Court affirmed Defendant’s sentence for three separate cases involving partner or family member assault against three different women to a combined twenty years, with eight suspended. The district court inclu...

J. MacGregor v. State
Date: April 3, 2018
Citation: 2018 MT 74N
Docket Number: DA 16-0626
F. Torres v. State
Date: April 3, 2018
Citation: 2018 MT 79N
Docket Number: DA 16-0693
Lenz v. FSC Securities Corp.  
Date: April 3, 2018
Citation: 2018 MT 67
Docket Number: DA 17-0124

Justia Opinion Summary: The Supreme Court affirmed the order of the district court staying proceedings and compelling Investors to submit all asserted claims against FSC Securities Corp. (FSC) and Rocky Mountain Financial Advisors, LLC and Eric...

Nolan v. City of Billings
Date: April 3, 2018
Citation: 2018 MT 73N
Docket Number: DA 17-0174
Quarter Circle JP Ranch, LLC v. Jerde  
Date: April 3, 2018
Citation: 2018 MT 68
Docket Number: DA 17-0223

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court in this case involving a dispute over a road easement. Quarter Circle JP Ranch, LLC sought declaratory relief that Barbara Jerde...

Jones v. All Star Painting Inc.  
Date: April 3, 2018
Citation: 2018 MT 70
Docket Number: DA 17-0383

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s decision upholding the decision of the hearing officer with the Montana Human Rights Bureau (HRB) in favor of All Star Painting on Plaintiff’s...

Matter of K.B. K.B.
Date: April 3, 2018
Citation: 2018 MT 77N
Docket Number: DA 17-0485
Gould Ranch v. Irish Black Cattle
Date: April 3, 2018
Citation: 2018 MT 80N
Docket Number: DA 17-0534
Arechaga v. Victor School District No. 7  
Date: April 3, 2018
Citation: 2018 MT 72
Docket Number: DA 17-0557

Justia Opinion Summary: Where Juliana Arechaga, a non-tenured teacher for Victor School District No. 7, did not receive written notice of the school district’s decision not to renew her employment contract for the 2017-2018 school year until Ju...

Spaulding v. Yellowstone County She
Date: April 3, 2018
Citation: 2018 MT 78N
Docket Number: DA 17-0630
State v. M. Beauchman
Date: March 27, 2018
Citation: 2018 MT 63N
Docket Number: DA 16-0247
State v. M. O Malley
Date: March 27, 2018
Citation: 2018 MT 65N
Docket Number: DA 17-0035
Independence Medical Supply, Inc. v. Montana Department of Public Health & Human Services  
Date: March 27, 2018
Citation: 2018 MT 57
Docket Number: DA 17-0165

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part a district court order granting in part and denying in part judicial review of the Montana Department of Public Health and Human Services (DPHHS) fair hearing propo...

State v. Z. Evarts
Date: March 27, 2018
Citation: 2018 MT 64N
Docket Number: DA 17-0340
In re I.M.  
Date: March 27, 2018
Citation: 2018 MT 61
Docket Number: DA 17-0380

Justia Opinion Summary: The Supreme Court affirmed the district court’s order terminating the parental rights of Mother and Father to their children, holding that the district court abused its discretion in admitting the parents’ respective dru...

Raap v. Board of Trustees, Wolf Point School District  
Date: March 27, 2018
Citation: 2018 MT 58
Docket Number: DA 17-0386

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment to the Wolf Point School District Board of Trustees (Board) on Plaintiff’s claim that the Board unlawfully terminated her employment...

Southwest Montana Building Industry Ass’n v. City of Bozeman  
Date: March 27, 2018
Citation: 2018 MT 62
Docket Number: DA 17-0401

Justia Opinion Summary: The Supreme Court affirmed three orders of the district court that directed Southwest Montana Building Industry Association (SWMBIA) to transfer funds from the impact fee payer class refund account (refund account) to th...

In re L.D.  
Date: March 27, 2018
Citation: 2018 MT 60
Docket Number: DA 17-0419

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court terminating Mother’s parental rights to her minor child, L.D., holding that the court erred in proceeding with termination of parental rights in the absence o...

In re Marriage of Schilling  
Date: March 27, 2018
Citation: 2018 MT 59
Docket Number: DA 17-0505

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Mother’s motion to amend parenting plan on the basis that Mother failed to establish a changed circumstance and granting Father’s motion for child suppor...

State v. Cunningham  
Date: March 21, 2018
Citation: 2018 MT 56
Docket Number: DA 15-0519

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of deliberate homicide committed with a dangerous weapon, holding that the district court made numerous erroneous rulings amounting to cu...

RULES FOR LAWYER DISCIPLINARY ENFOR
Date: March 20, 2018
Docket Number: AF 06-0628
RULES FOR LAWYER DISCIPLINARY ENFOR
Date: March 20, 2018
Docket Number: AF 06-0628
State v. W. Stewart Jr.
Date: March 20, 2018
Citation: 2018 MT 52N
Docket Number: DA 16-0246
State v. Ritesman  
Date: March 20, 2018
Citation: 2018 MT 55
Docket Number: DA 16-0408

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of aggravated assault and reversed his conviction for violating a no-contact order. The Court held (1) the State did not present sufficient evidence for the jury to find...

State v. Day  
Date: March 20, 2018
Citation: 2018 MT 51
Docket Number: DA 16-0632

Justia Opinion Summary: The district court erred by imposing a restriction upon Defendant’s release from incarceration while committing him to the Department of Corrections (DOC). Defendant pleaded guilty to attempted prostitution. The distri...

State v. Hinshaw  
Date: March 20, 2018
Citation: 2018 MT 49
Docket Number: DA 16-0752

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to the Department of Corrections (DOC) for five years and imposing financial obligations on Defendant, including public defender fees, su...

Murphy v. Westrock  
Date: March 20, 2018
Citation: 2018 MT 54
Docket Number: DA 17-0172

Justia Opinion Summary: The Workers’ Compensation Court (WCC) erred by ruling that a chiropractor may not make a medical determination regarding the claimant’s 1991 work-related injury in this case. In 1991, Claimant suffered injuries while wo...

Pierce v. Barkell et al.
Date: March 20, 2018
Citation: 2018 MT 53N
Docket Number: DA 17-0472
In re J.E.L. III  
Date: March 20, 2018
Citation: 2018 MT 50
Docket Number: DA 17-0473

Justia Opinion Summary: The Supreme Court affirmed the district court’s order terminating Mother’s parental rights to her son after holding a termination hearing. The Court held (1) based on the competent substantial evidence presented at the h...

Schwarz v. Brockway  
Date: March 20, 2018
Citation: 2018 MT 48
Docket Number: DA 17-0503

Justia Opinion Summary: The district court erred in awarding visitation, pursuant to Mont. Code Ann. 40-4-228, to a minor child’s paternal grandparents over the mother’s objection without determining whether the mother was a fit parent. The Su...

State v. M. Bennick
Date: March 13, 2018
Citation: 2018 MT 47N
Docket Number: DA 16-0564
Platt v. Held et al.
Date: March 13, 2018
Citation: 2018 MT 43
Docket Number: DA 17-0116
Platt v. Held  
Date: March 13, 2018
Citation: 2018 MT 43
Docket Number: DA 17-0116

Justia Opinion Summary: David Platt and Steven Held purchased a ranch together and formalized their arrangement by entering into an operating agreement. Later, Held, Platt, and Tim Welu decided to divide the property into three parts, with each...

Marshall v. Safeco Insurance Co. of Illinois  
Date: March 13, 2018
Citation: 2018 MT 45
Docket Number: DA 17-0384

Justia Opinion Summary: In this insurance coverage dispute, the district court erred in concluding that Plaintiff’s claim under the Unfair Trade Practices Act (UTPA) and the Declaratory Judgment Act should be dismissed. Plaintiff was involved...

Hines v. Topher Realty LLC  
Date: March 13, 2018
Citation: 2018 MT 44
Docket Number: DA 17-0395

Justia Opinion Summary: In this landlord-tenant dispute, Landlord complied with the requirements of the Montana Residential Tenants’ Security Deposits Act prior to deducting costs of cleaning from the vacating Tenant’s security deposit, and the...

Matter of A.F. YINC
Date: March 13, 2018
Citation: 2018 MT 46N
Docket Number: DA 17-0487
State v. Lindquist  
Date: March 6, 2018
Citation: 2018 MT 38
Docket Number: DA 16-0538

Justia Opinion Summary: The Supreme Court affirmed the district court order denying Defendant’s motion to dismiss for entrapment as a matter of law. Defendant was charged with felony attempted prostitution. Thereafter, Defendant filed a motion...

State v. Ring
Date: March 6, 2018
Citation: 2018 MT 40N
Docket Number: DA 16-0727
Bagnell v. State
Date: March 6, 2018
Citation: 2018 MT 42N
Docket Number: DA 16-0738
State v. St. Germain
Date: March 6, 2018
Citation: 2018 MT 41N
Docket Number: DA 16-0767
In re Marriage of Hollamon  
Date: March 6, 2018
Citation: 2018 MT 37
Docket Number: DA 17-0374

Justia Opinion Summary: In this appeal from an action dissolving a long-term marriage, the Supreme Court affirmed the judgment of the district court distributing the marital assets upon dissolution and awarding Wife maintenance of $3,000 per mo...

Marriage of O Connor
Date: March 6, 2018
Citation: 2018 MT 39N
Docket Number: DA 17-0474
Nelson v. City of Billings  
Date: February 28, 2018
Citation: 2018 MT 36
Docket Number: DA 17-0074

Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of summary judgment to the City of Billings (City) and the Montana Municipal Interlocal Authority (MMIA) (collectively, Defendants) in this “Petition for Release of D...

State v. Daricek  
Date: February 27, 2018
Citation: 2018 MT 31
Docket Number: DA 16-0643

Justia Opinion Summary: The Supreme Court affirmed the district court’s imposition of a condition on Defendant’s suspended sentence that Defendant pay the costs of his imprisonment, probation, and alcohol treatment “if financially able.” Defen...

Matter of G.P. D.P. M.P. YINC
Date: February 27, 2018
Docket Number: DA 17-0279
Davis v. Ramey  
Date: February 27, 2018
Citation: 2018 MT 32
Docket Number: DA 17-0300

Justia Opinion Summary: The Supreme Court affirmed the district court’s orders denying certain elected officers attorney fees, costs, and disbursements, holding that equities did not support such awards under the Uniform Declaratory Judgments A...

Tonn v. Estate of Elizabeth Sylvis  
Date: February 27, 2018
Citation: 2018 MT 30
Docket Number: DA 17-0326

Justia Opinion Summary: The district court did not err when it declined to apply Montana’s anti-lapse statute, Mont. Code Ann. 72-2-717(2), to the Armond W. Tonn Testamentary Trust. Armond W. Tonn’s last will and testament created a trust for...

Parks v. Stewart Title
Date: February 27, 2018
Citation: 2018 MT 33N
Docket Number: DA 17-0336
Matter of S.T. YINC
Date: February 27, 2018
Citation: 2018 MT 35N
Docket Number: DA 17-0377
State v. Iverson  
Date: February 20, 2018
Citation: 2018 MT 27
Docket Number: DA 16-0504

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for operating a noncommercial vehicle with alcohol concentration of 0.08 or more (DUI per se) but reversed the district court’s order imposing the cost of legal counsel o...

Bullshoe v. State
Date: February 20, 2018
Citation: 2018 MT 29N
Docket Number: DA 17-0138
Salsbery v. Korman
Date: February 20, 2018
Citation: 2018 MT 28N
Docket Number: DA 17-0525
State v. Russell  
Date: February 13, 2018
Citation: 2018 MT 26
Docket Number: DA 16-0362

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for driving under the influence of alcohol (DUI), fourth or subsequent offense, and the sentence imposed in connection with the offense of thirteen months with the Depart...

Matter of C.G.
Date: February 13, 2018
Citation: 2018 MT 22N
Docket Number: DA 16-0579
Lance v. State
Date: February 13, 2018
Citation: 2018 MT 23N
Docket Number: DA 16-0652
Teton Coop Canal Co. v. Lower Teton Joint Reservoir Co.  
Date: February 13, 2018
Citation: 2018 MT 20
Docket Number: DA 17-0092

Justia Opinion Summary: The Supreme Court affirmed the order of the Montana Water Court adjudicating Teton Cooperative Canal Company’s (Teton Canal) water rights on remand from an earlier decision of the Supreme Court. The court held that the W...

S & P Brake Supply v. Daimler Truck  
Date: February 13, 2018
Citation: 2018 MT 25
Docket Number: DA 17-0222

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the final decision of the Department of Justice that approved, upon good cause, termination of S & P Brake Supply, Inc.’s (S&P) franchise agreement wit...

Cox. v. Magers  
Date: February 13, 2018
Citation: 2018 MT 21
Docket Number: DA 17-0227

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing with prejudice this action filed by Plaintiffs against Defendant seeking damages for personal injuries allegedly sustained in an automobile collision....

Rimrock Chrysler, Inc. v. State Department of Justice, Motor Vehicle Division  
Date: February 13, 2018
Citation: 2018 MT 24
Docket Number: DA 17-0284

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Petitioner Rimrock Chrysler Inc.’s petition for judicial review of its request to establish Rimrock as an additional Chrysler-Jeep franchise in the Bi...

State v. Porter  
Date: February 6, 2018
Citation: 2018 MT 16
Docket Number: DA 15-0744

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of felony aggravated assault, holding that the district court did not abuse its discretion in admitting the testimony of a doctor who examined the victim. After a jury...

State v. Ailer  
Date: February 6, 2018
Citation: 2018 MT 18
Docket Number: DA 16-0240

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant’s motion in limine to exclude evidence at trial that his wages were being garnished and an order requiring Defendant to pay nearly $65,000 in r...

State v. B. Williams
Date: February 6, 2018
Citation: 2018 MT 19N
Docket Number: DA 17-0077
State v. Jeffries  
Date: February 6, 2018
Citation: 2018 MT 17
Docket Number: DA 17-0225

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for aggravated driving under the influence and related offenses, holding that the State did not deny Defendant due process of law by failing to provide Computer Online Br...

State v. Santiago  
Date: January 30, 2018
Citation: 2018 MT 13
Docket Number: DA 15-0652

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for sexual intercourse without consent, holding that the district court did not abuse its discretion in giving the deadlocked jury an Allen-instruction. During Defendan...

Borges v. Missoula County Sheriff’s Office  
Date: January 30, 2018
Docket Number: DA 17-0355

Justia Opinion Summary: The Supreme Court affirmed the order of the district court awarding summary judgment to the Missoula County Detention Facility and the Missoula County Sheriff’s Office (collectively, the County) on Plaintiff’s claim that...

Marriage of Hobart
Date: January 30, 2018
Citation: 2018 MT 15N
Docket Number: DA 17-0367
State v. Schowengerdt  
Date: January 16, 2018
Citation: 2018 MT 7
Docket Number: DA 15-0677

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant’s request for substitution of counsel in this criminal proceeding. Appellant pleaded guilty to deliberate homicide. Thereafter, Appellant made...

Hudson v. Irwin  
Date: January 16, 2018
Citation: 2018 MT 8
Docket Number: DA 16-0534

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants and concluding that Plaintiffs did not have an easement to access a nearby airstrip located on Defendants’ pr...

Erickson v. State  
Date: January 16, 2018
Citation: 2018 MT 9
Docket Number: DA 16-0661

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the district court’s denial of Appellant’s motion to modify his criminal judgment “as to financial obligations.” Appellant was convicted of criminal...

R. Eva v. State
Date: January 16, 2018
Citation: 2018 MT 11N
Docket Number: DA 17-0187
State v. Terry-Lee
Date: January 16, 2018
Citation: 2018 MT 12N
Docket Number: DA 17-0278
Richards v. KRMC
Date: January 16, 2018
Citation: 2018 MT 10N
Docket Number: DA 17-0302
State v. Lerman  
Date: January 9, 2018
Citation: 2018 MT 5
Docket Number: DA 16-0135

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of sexual intercourse without consent, holding that the State presented sufficient evidence to prove the elements of penetration and force. Defendant was convicted of se...

Marriage of Low
Date: January 9, 2018
Citation: 2018 MT 6N
Docket Number: DA 17-0064
City of Libby v. Hubbard  
Date: January 2, 2018
Citation: 2018 MT 2
Docket Number: DA 15-0704

Justia Opinion Summary: Shayna Hubbard appealed a district court judgment convicting her of driving with a suspended license and for failing to show proof of liability insurance. Hubbard went to a Montana casino to gamble. She was 19 and could...

Serrania v. LPH Inc.
Date: January 2, 2018
Citation: 2018 MT 3N
Docket Number: DA 17-0221
Moreau v. Transportation Ins.  
Date: January 2, 2018
Citation: 2018 MT 1
Docket Number: DA 17-0320

Justia Opinion Summary: Christita Moreau appealed a Workers’ Compensation Court (WCC) order denying her motion for summary judgment and granting summary judgment to Transportation Insurance Company. Moreau’s husband Edwin worked at the W.R. Gra...

Plouffe v. Simpson
Date: January 2, 2018
Citation: 2018 MT 4N
Docket Number: DA 17-0466
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