Montana Supreme Court Decisions 2018
Date: December 27, 2018
Citation: 2018 MT 314N
Docket Number: DA 18-0008
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…
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…
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…
Date: December 19, 2018
Citation: 2018 MT 313N
Docket Number: DA 18-0523
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…
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…
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…
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…
Date: December 11, 2018
Citation: 2018 MT 303N
Docket Number: DA 17-0464
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: November 27, 2018
Citation: 2018 MT 283N
Docket Number: DA 18-0125
Date: November 27, 2018
Citation: 2018 MT 285N
Docket Number: DA 18-0225
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)…
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…
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…
Date: November 20, 2018
Citation: 2018 MT 279N
Docket Number: DA 18-0184
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…
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…
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,…
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…
Date: November 13, 2018
Citation: 2018 MT 271
Docket Number: DA 18-0143
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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),…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
Date: September 11, 2018
Citation: 2018 MT 227N
Docket Number: DA 18-0108
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…
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…
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…
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),…
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…
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…
Date: August 28, 2018
Citation: 2018 MT 208N
Docket Numbers: DA 18-0056, DA 18-0057
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…
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…
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…
Date: August 21, 2018
Citation: 2018 MT 203N
Docket Number: DA 17-0734
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: June 19, 2018
Citation: 2018 MT 154N
Docket Number: DA 16-0444
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.…
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…
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…
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…
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,…
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.…
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…
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,…
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…
Date: June 12, 2018
Citation: 2018 MT 148N
Docket Number: DA 17-0662
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: April 24, 2018
Citation: 2018 MT 101N
Docket Number: DA 17-0523
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…
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…
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…
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…
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…
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…
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…
Date: April 10, 2018
Citation: 2018 MT 87N
Docket Number: DA 17-0477
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…
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…
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)…
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…
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…
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…
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…
Date: April 3, 2018
Citation: 2018 MT 80N
Docket Number: DA 17-0534
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…
Date: April 3, 2018
Citation: 2018 MT 78N
Docket Number: DA 17-0630
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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’…
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…
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…
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…
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.…
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