Montana Supreme Court Decisions 2019

State v. Laird
Date: August 20, 2019
Citation: 2019 MT 198
Docket Number: DA 16-0473
State v. Laird (Synopsis)
Date: August 20, 2019
Citation: 2019 MT 198
Docket Number: DA 16-0473
State v. T. Haithcox
Date: August 20, 2019
Citation: 2019 MT 201
Docket Number: DA 17-0529
State v. J. Pope
Date: August 20, 2019
Citation: 2019 MT 200
Docket Number: DA 18-0047
State v. D. Standley
Date: August 20, 2019
Citation: 2019 MT 204N
Docket Number: DA 18-0075
Matter of S.Y., YINC
Date: August 20, 2019
Citation: 2019 MT 203N
Docket Number: DA 18-0611
North Valley Refuse v. MPSC
Date: August 20, 2019
Citation: 2019 MT 199
Docket Number: DA 18-0679
Martin-Lake v. Potts
Date: August 20, 2019
Citation: 2019 MT 202N
Docket Number: DA 19-0022
State v. K. Zimmerman
Date: August 14, 2019
Citation: 2019 MT 196N
Docket Number: DA 17-0636
State v. C. Sproles
Date: August 14, 2019
Citation: 2019 MT 197N
Docket Number: DA 18-0104
State v. Lowry  
Date: August 13, 2019
Citation: 2019 MT 191
Docket Number: DA 17-0413

Justia Opinion Summary: The Supreme Court reversed a portion of the order of the district court ordering Defendant to pay $25,835.37 in restitution to his former employer after he pleaded no contest to theft of property by embezzlement, holding...

State v. Santoro  
Date: August 13, 2019
Citation: 2019 MT 192
Docket Number: DA 17-0454

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of negligent homicide, holding that Defendant's trial counsel rendered ineffective assistance of counsel by failing to serve a subpoena upon or otherwise preserve the tes...

State v. Anderson  
Date: August 13, 2019
Citation: 2019 MT 190
Docket Number: DA 18-0156

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of sexual intercourse without consent, burglary, and sexual assault, holding that the district court abused its discretion by denying Defendant's motion to strike juror M...

Demoney v. Kaufman, M.D.
Date: August 13, 2019
Citation: 2019 MT 195N
Docket Number: DA 18-0295
Stanley v. Hotes
Date: August 13, 2019
Citation: 2019 MT 193N
Docket Number: DA 18-0592
In re E.Y.R.  
Date: August 13, 2019
Citation: 2019 MT 189
Docket Number: DA 18-0711

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court terminating Father's parental rights, holding that Father's due process rights were infringed by ineffective assistance of counsel resulting in his parental r...

Marriage of Smith
Date: August 13, 2019
Citation: 2019 MT 194N
Docket Number: DA 19-0184
City of Great Falls v. M. McVay
Date: August 6, 2019
Citation: 2019 MT 187N
Docket Number: DA 17-0145
State v. R. Mitchell
Date: August 6, 2019
Citation: 2019 MT 186N
Docket Number: DA 17-0347
State v. T. Fowler
Date: August 6, 2019
Citation: 2019 MT 185N
Docket Number: DA 17-0511
State v. Block  
Date: August 6, 2019
Citation: 2019 MT 180
Docket Number: DA 17-0742

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of incest, holding that the district court did not abuse its discretion by denying Defendant's for-cause challenge of a prospective juror during voir dire....

Knights of Columbus v. Columbia Plaza et al
Date: August 6, 2019
Citation: 2019 MT 184N
Docket Number: DA 18-0450
O'Keefe v. Mustang Ranches HOA  
Date: August 6, 2019
Citation: 2019 MT 179
Docket Number: DA 18-0494

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Defendants summary judgment and concluding that Elk Valley Road burdened Lots 70 and 71 to the benefit of other subdivision lot owners for ingress an...

Jarussi v. Farber  
Date: August 6, 2019
Citation: 2019 MT 181
Docket Number: DA 18-0608

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting the motion of the Sandra L. Farber Trust (Farber) to enforce the parties' punitive settlement agreement and denying Karen Jarussi's cross-motion for enf...

Needham v. Kluver  
Date: August 6, 2019
Citation: 2019 MT 182
Docket Number: DA 18-0627

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Barbara Needham in her capacity as the personal representative of the Estate of Charles Kelly Kluver (Estate) and denying t...

Betts v. Gunlikson  
Date: August 6, 2019
Citation: 2019 MT 183
Docket Number: DA 19-0043

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion to transfer venue to Flathead County, holding that the venue provisions of the Montana Uniform Trust Code (MUTC), Mont. Code Ann. 72-3...

Matter of B.N., YINC
Date: August 6, 2019
Citation: 2019 MT 188N
Docket Number: DA 19-0090
Knudsen v. University of Montana  
Date: July 30, 2019
Citation: 2013 MT 373
Docket Number: DA 18-0552

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the orders of the district court certifying three classes to proceed in a lawsuit against the University of Montana, holding that the district court abused its disc...

State v. D. Nolan
Date: July 30, 2019
Citation: 2019 MT 177N
Docket Number: DA 16-0741
State v. Lake  
Date: July 30, 2019
Citation: 2019 MT 172
Docket Number: DA 17-0348

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court finding Appellant guilty of attempted sexual intercourse without consent, a felony, holding that the district court erred by applying Montana's Rape Shield La...

State v. B. Norvell
Date: July 30, 2019
Citation: 2019 MT 176N
Docket Number: DA 17-0455
Bucy v. Edward Jones & Co.  
Date: July 30, 2019
Citation: 2019 MT 173
Docket Number: DA 18-0493

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying the motion to compel arbitration filed by Edwards Jones & Company, Jeremy Kientz, and Nick Ferranto (collectively, Edwards Jones) of post-termination...

W. Russell v. 360 Reclaim
Date: July 30, 2019
Citation: 2019 MT 178N
Docket Number: DA 18-0677
United States Army Corps of Engineers; City of Fort Peck  
Date: July 30, 2019
Citation: 2019 MT 174
Docket Number: DA 18-0697

Justia Opinion Summary: The Supreme Court affirmed the order entered by the Montana Water Court determining the volume of water to which the City of Fort Peck was entitled pursuant to its Claim 40E 182897-00 in Missouri River Basin between the...

State v. Nordholm  
Date: July 23, 2019
Citation: 2019 MT 165
Docket Number: DA 17-0120

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant for felony aggravated kidnapping and misdemeanor partner family member assault, holding that the district court committed reversible erro...

State v. J. Martinez
Date: July 23, 2019
Citation: 2019 MT 171N
Docket Number: DA 17-0611
State v. D. Pein
Date: July 23, 2019
Citation: 2019 MT 167N
Docket Number: DA 18-0304
Marriage of Bakken
Date: July 23, 2019
Citation: 2019 MT 166N
Docket Number: DA 18-0426
Ballou v. Walker
Date: July 23, 2019
Citation: 2019 MT 170N
Docket Number: DA 18-0431
Strauser v. RJC Investment, Inc.  
Date: July 23, 2019
Citation: 2019 MT 163
Docket Number: DA 18-0480

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court granting a motion to dismiss in favor of Defendant on Plaintiff's action seeking a declaratory judgment and asserting that provision...

Davis v. Smith
Date: July 23, 2019
Citation: 2019 MT 169N
Docket Number: DA 18-0491
Covey v. Brishka  
Date: July 23, 2019
Citation: 2019 MT 164
Docket Number: DA 18-0498

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court finding Defendants strictly liable for the breach of a pond on their property and awarding damages to Plaintiffs, holding that the district court did not err or...

Matter of A.W.-S., YINC
Date: July 23, 2019
Citation: 2019 MT 168N
Docket Number: DA 18-0636
Crites v. Lewis & Clark Co.  
Date: July 16, 2019
Citation: 2019 MT 161
Docket Number: DA 18-0372

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying a complaint and petition for release of confidential criminal justice information (CCJI), holding that the court did not err in denying the petition for...

Erving v. Erving
Date: July 16, 2019
Citation: 2019 MT 162N
Docket Number: DA 18-0379
Richardson v. Indemnity Insurance Co. of N.A.  
Date: July 16, 2019
Citation: 2019 MT 160
Docket Number: DA 18-0594

Justia Opinion Summary: The Supreme Court affirmed the decision of the Workers' Compensation Court (WCC) granting summary judgment to Indemnity Insurance Company of North America on Brian Richardson's petition arguing that he was entitled to ha...

HRC Two Rivers, LLC v. Aultco Construction, Inc.  
Date: July 9, 2019
Citation: 2010 MT 291
Docket Number: DA 18-0508

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the third-party complaint filed by HRC Two Rivers LLC and HRC Cottages Inc. (collectively, the General Partners) against Aultco Construction Inc. as b...

State v. Thomas  
Date: July 9, 2019
Citation: 2019 MT 155
Docket Number: DA 17-0602

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant under the 2015 persistent felony offender (PFO) statute in effect at the time Defendant committed his offense, holding that the district...

State v. Hernandez
Date: July 9, 2019
Citation: 2019 MT 159N
Docket Number: DA 18-0255
Bugli v. Ravalli County  
Date: July 9, 2019
Citation: 2019 MT 154
Docket Number: DA 18-0509

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Landowners' petition for writ of review asserting that the Ravalli County Board of County Commissioners exceeded its jurisdiction to grant or deny Landow...

Exxon Mobil Corp. v. Montana Department of Revenue  
Date: July 9, 2019
Citation: 2019 MT 156
Docket Number: DA 18-0541

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Exxon Mobil Corporation's (ExxonMobil) petition for interlocutory adjudication and affirming the Department of Revenue's determination that ExxonMobil wa...

Marriage of Stinger
Date: July 9, 2019
Citation: 2019 MT 158N
Docket Number: DA 18-0556
Krakauer v. State (Synopsis)
Date: July 3, 2019
Citation: 2019 MT 153
Docket Numbers: DA 15-0502, DA 18-0374
Krakauer v. State  
Date: July 3, 2019
Citation: 2016 MT 230
Docket Number: DA 18-0374

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Plaintiff's motion to release John Doe's educational records, holding that the district court erred in concluding that Doe had no expectation of privacy...

State v. Reeves  
Date: July 2, 2019
Citation: 2019 MT 151
Docket Number: DA 18-0084

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to dismiss based on a finding that law enforcement had the requisite particularized suspicion to initiate a traffic stop, holding that...

Community Ass'n for North Shore Conservation, Inc. v. Flathead County  
Date: July 2, 2019
Citation: 2019 MT 147
Docket Number: DA 18-0366

Justia Opinion Summary: In this case challenging the approval of a permit to build a bridge on certain property the Supreme Court affirmed the order of the district court entering judgment in favor of Community Association for North Shore Conse...

In re Marriage of Moore  
Date: July 2, 2019
Citation: 2019 MT 152
Docket Number: DA 18-0429

Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution issued by the district court, holding that the district court had jurisdiction to divide a portion of the proceeds from Shannon Moore's California personal injury laws...

Lucero v. Ford Motor Co.  
Date: July 2, 2019
Citation: 2019 MT 150
Docket Number: DA 18-0629

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Ford Motor Company's motion to change venue in this case alleging claims for strict liability for design defects, strict liability for failure to warn, a...

Harrisons v. Bousers et al
Date: July 2, 2019
Citation: 2019 MT 149N
Docket Number: DA 18-0657
Tuttle v. Benedict
Date: July 2, 2019
Citation: 2019 MT 148N
Docket Number: DA 19-0058
Kalispell Aircraft Co. v. Patterson  
Date: June 25, 2019
Citation: 2019 MT 142
Docket Number: DA 18-0386

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Plaintiff's motion for judgment on the pleadings, holding that the district court did not err in granting Plaintiff's motion for judgment on the plea...

Estate of Severson v. Severson
Date: June 25, 2019
Citation: 2019 MT 145N
Docket Number: DA 18-0555
Hill v. Board of Plumbers
Date: June 25, 2019
Citation: 2019 MT 146N
Docket Number: DA 18-0570
Marriage of Scrantom and Masters
Date: June 25, 2019
Citation: 2019 MT 144N
Docket Number: DA 18-0581
Matter of A.A.G.G., YINC
Date: June 25, 2019
Citation: 2019 MT 143N
Docket Number: DA 18-0612
Indreland v. Montana Department of Justice  
Date: June 18, 2019
Citation: 2019 MT 141
Docket Number: DA 18-0351

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's petition to reinstate his driver's license after it was suspended following his refusal to submit to a post-arrest blood or breath test under...

Marriage of Smith
Date: June 18, 2019
Citation: 2019 MT 139N
Docket Number: DA 18-0417
State v. Sherman
Date: June 11, 2019
Citation: 2019 MT 137N
Docket Number: DA 17-0405
Employers Mutual Casualty Co. v. Estate of Buckles  
Date: June 11, 2019
Citation: 2019 MT 136
Docket Number: DA 18-0436

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing the amended complaint filed by Employers Mutual Casualty Company against Continental Resources, Inc., holding that the district court erred as a ma...

Thorton v. Whitefish Credit Union
Date: June 11, 2019
Citation: 2019 MT 138N
Docket Number: DA 18-0595
City of Kalispell v. Salsgiver  
Date: June 4, 2019
Citation: 2013 MT 168
Docket Number: DA 16-0445

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court affirming the decision and sentence of the municipal court finding Defendant guilty of partner of family member assault (PFMA) and c...

State v. Neiss  
Date: June 4, 2019
Citation: 2019 MT 125
Docket Number: DA 16-0399

Justia Opinion Summary: The Supreme Court affirmed the order of the district court convicting Defendant of evidence tampering and deliberate homicide, holding that investigating officers had a reasonable suspicion of exigent circumstances justi...

State v. Kurtz  
Date: June 4, 2019
Citation: 2019 MT 127
Docket Number: DA 16-0565

Justia Opinion Summary: The Supreme Court reversed the district court's order denying Defendant's motion to dismiss for violation of his right to a speedy trial, holding that the 422-delay in resolving Defendant's felony driving under the influ...

State v. Holland  
Date: June 4, 2019
Citation: 2019 MT 128
Docket Number: DA 17-0430

Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the judgment of the justice court convicting Defendant of aggravated driving under the influence (DUI), holding that the justice court erred by perm...

Matter of D.S.
Date: June 4, 2019
Citation: 2019 MT 134N
Docket Number: DA 18-0078
In re Marriage of Frank  
Date: June 4, 2019
Citation: 2019 MT 130
Docket Number: DA 18-0151

Justia Opinion Summary: The Supreme Court affirmed the district court's decree of dissolution of the marriage between Sonia Frank and Brian Frank, distributing marital assets, and awarding Sonia five years of spousal maintenance, holding that t...

Christman v. Clause  
Date: June 4, 2019
Citation: 2019 MT 132
Docket Number: DA 18-0407

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Plaintiffs' motion for summary judgment in this case alleging a violation of Article 9A of Montana's adopted version of the Uniform Commercial Code (UCC)...

Parenting of S.F.R.T.
Date: June 4, 2019
Citation: 2019 MT 135N
Docket Number: DA 18-0538
KB Enterprises, LLC v. Montana Human Rights Commission  
Date: June 4, 2019
Citation: 2019 MT 131
Docket Number: DA 18-0564

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the final agency decision issued by the Montana Human Rights Commission (HRC) finding that Jerry James Bright was subjected to racial discrimination in...

State v. M. Gram
Date: June 4, 2019
Citation: 2019 MT 133N
Docket Number: DA 18-0585
In re B.J.J.  
Date: June 4, 2019
Citation: 2019 MT 129
Docket Number: DA 19-0010

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Father's parental rights to Child, holding that Father was not denied due process and that his treatment plan was appropriate. In terminating Fat...

In re Marriage of Fossen  
Date: May 28, 2019
Citation: 2019 MT 119
Docket Number: DA 18-0043

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's award of prejudgment interest on a sum Pamela Fossen was directed to pay in a marriage dissolution action and the court's award of attorney fee...

R. Pierce v. State
Date: May 28, 2019
Citation: 2019 MT 124N
Docket Number: DA 18-0404
Matter of K.L., YINC
Date: May 28, 2019
Citation: 2019 MT 123N
Docket Number: DA 18-0425
State v. J. Walbridge
Date: May 28, 2019
Citation: 2019 MT 122N
Docket Number: DA 18-0460
Simpkins v. Speck
Date: May 28, 2019
Citation: 2019 MT 120
Docket Number: DA 18-0504
Glastonbury v. O'Connell
Date: May 28, 2019
Citation: 2019 MT 121N
Docket Number: DA 18-0658
Petersen v. State
Date: May 21, 2019
Citation: 2019 MT 117N
Docket Number: DA 18-0329
Haerr v. Whelahan
Date: May 21, 2019
Citation: 2019 MT 118N
Docket Number: DA 18-0577
Sampson
Date: May 21, 2019
Citation: 2019 MT 116N
Docket Number: DA 18-0689
Warrington v. Great Falls Clinic, LLP  
Date: May 14, 2019
Citation: 2019 MT 111
Docket Number: DA 18-0120

Justia Opinion Summary: In this action brought by Lisa Warrington bringing claims for breach of contract, breach of the covenant of good faith and fair dealing, and promissory estoppel the Supreme Court affirmed the district court's order grant...

Klamert v. Iverson  
Date: May 14, 2019
Citation: 2019 MT 110
Docket Number: DA 18-0413

Justia Opinion Summary: The Supreme Court affirmed the order of the Montana Water Court holding that Appellants failed to prove a long period of continuous nonuse and therefore failed to show Claimant or his predecessors' presumed intent to aba...

Federal Nat'l Mtg. v. Stafford
Date: May 14, 2019
Citation: 2019 MT 114N
Docket Number: DA 18-0439
In re R.J.F.  
Date: May 14, 2019
Citation: 2019 MT 113
Docket Number: DA 18-0505

Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Mother's parental rights to Child and remanded for the Montana Department of Health and Human Services, Child and Family Services Division (Departmen...

State v. Questo  
Date: May 14, 2019
Citation: 2019 MT 112
Docket Number: DA 18-0526

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motions to suppress, holding that the district court reached the right result even if for the wrong reason. Defendant pled guilty to misdem...

State v. Chavis  
Date: May 7, 2019
Citation: 2019 MT 108
Docket Number: DA 17-0240

Justia Opinion Summary: The Supreme Court reversed the decision of the district court denying Defendant's motion to dismiss or for new trial in the alternative, holding that the district court abused its discretion when it determined that the f...

State v. Norvell  
Date: May 7, 2019
Citation: 2019 MT 105
Docket Number: DA 17-0456

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of aggravated assault and remanded the case for dismissal without prejudice, holding that the district court erred by denying Defendant's motion to dismiss for unnecessar...

State v. Johnson
Date: May 7, 2019
Citation: 2019 MT 106N
Docket Number: DA 18-0019
Disney v. Staat
Date: May 7, 2019
Citation: 2019 MT 107N
Docket Number: DA 18-0236
Jergens v. Marias Medical Center et al
Date: May 7, 2019
Citation: 2019 MT 109N
Docket Number: DA 18-0347
State v. Mehan  
Date: April 30, 2019
Citation: 2019 MT 100
Docket Number: DA 17-0197

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming Defendant's sentence, including conditions restricting Defendant's contact with minors upon his release, holding that the court abused its discretio...

State v. Robertson  
Date: April 30, 2019
Citation: 2019 MT 99
Docket Number: DA 17-0717

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty of criminal possession of dangerous drugs and drug paraphernalia and driving under the influence of alcohol or drugs (DUI), holding t...

Somers v. Cherry Creek Development, Inc.  
Date: April 30, 2019
Citation: 2019 MT 101
Docket Number: DA 18-0382

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Defendants in this putative class action seeking a declaratory judgment that the Montana Retail Installment Sales Act (RISA), Mont....

State v. Burnett
Date: April 30, 2019
Citation: 2019 MT 102N
Docket Number: DA 18-0394
Roos v. City of Miles City
Date: April 30, 2019
Citation: 2019 MT 103N
Docket Number: DA 18-0459
Weems v. State (Synopsis)
Date: April 26, 2019
Citation: 2019 MT 98
Docket Number: DA 18-0308
Weems v. State  
Date: April 26, 2019
Citation: 2019 MT 98
Docket Number: DA 18-0308

Justia Opinion Summary: The Supreme Court upheld a district judge's order temporarily permitting qualified advanced practice registered nurses (APRNs) to perform outpatient early-term abortions while the APRNs challenge the constitutionality of...

Draggin'y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C.  
Date: April 24, 2019
Citation: 2013 MT 319
Docket Number: DA 17-0731

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court determining that a stipulated settlement entered into by the parties was reasonable, holding that a stipulated settlement entered without the consent of an in...

Draggin'y v. JCCS (Synopsis)
Date: April 24, 2019
Citation: 2019 MT 97
Docket Number: DA 17-0731
State v. Sawyer  
Date: April 23, 2019
Citation: 2019 MT 93
Docket Number: DA 16-0753

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of deliberate homicide and two counts of attempted deliberate homicide, holding that Defendant's ineffective assistance of counsel claim was not appropriatel...

P. Hackley v. W. Hackley
Date: April 23, 2019
Citation: 2019 MT 95N
Docket Number: DA 18-0435
Jay Cochran v. Fauth
Date: April 23, 2019
Citation: 2019 MT 96N
Docket Number: DA 18-0447
State v. Holmes
Date: April 23, 2019
Citation: 2019 MT 94N
Docket Number: DA 18-0548
State v. J. Hetrick
Date: April 16, 2019
Citation: 2019 MT 88N
Docket Number: DA 17-0154
State v. S. Snyder
Date: April 16, 2019
Citation: 2019 MT 90N
Docket Number: DA 17-0228
Matter of A.B., YINC
Date: April 16, 2019
Citation: 2019 MT 91N
Docket Number: DA 18-0300
Nat'l Collegiate v. M. Hanson
Date: April 16, 2019
Citation: 2019 MT 89N
Docket Number: DA 18-0444
Everett v. Harbert
Date: April 16, 2019
Citation: 2019 MT 87N
Docket Number: DA 18-0488
Griffin v. Lewis
Date: April 16, 2019
Citation: 2019 MT 92N
Docket Number: DA 18-0567
Norbeck v. Flathead County  
Date: April 9, 2019
Citation: 2019 MT 84
Docket Number: DA 18-0117

Justia Opinion Summary: The Supreme Court affirmed the orders of the district court granting summary judgment to the State of Montana Department of Environmental Quality (DEQ), Birk Engineering and Bret A. Birk (Birks) and Flathead County on Am...

State v. Grmoljez  
Date: April 9, 2019
Citation: 2019 MT 82
Docket Number: DA 18-0290

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Plaintiff's motion to suppress evidence that was obtained when a highway patrol trooper, after noticing Plaintiff's vehicle parked on the side of the roa...

Wilson v. State
Date: April 9, 2019
Citation: 2019 MT 85N
Docket Number: DA 18-0314
Hutzenbiler v. RJC Investment, Inc.  
Date: April 9, 2019
Citation: 2019 MT 80
Docket Number: DA 18-0421

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment on Plaintiff's claim to an accounting and recovery of surplus proceeds on the resale of her mobile home after she returned it to RJC In...

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality  
Date: April 9, 2019
Citation: 2019 MT 81
Docket Number: DA 18-0462

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying summary judgment for Upper Missouri Waterkeeper, granting the cross-motions for summary judgment of Montana Department of Environmental Quality (DEQ) and...

Marriage of Sheehan
Date: April 9, 2019
Citation: 2019 MT 86N
Docket Number: DA 18-0478
Miller v. Kleppen  
Date: April 9, 2019
Citation: 2019 MT 83
Docket Number: DA 18-0575

Justia Opinion Summary: In this case concerning a boundary realignment agreement entered into between the parties in this case, the Supreme Court affirmed the order of the district court granting specific performance of a contract to Plaintiff,...

McGree v. Montana Public Service Commission  
Date: April 2, 2019
Citation: 2016 MT 239
Docket Numbers: DA 15-0612, DA 18-0230

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the Public Service Commission's final order granting L&L Site Services, Inc.'s application for a Class D motor carrier certificate of public conveni...

Mascarena v. State  
Date: April 2, 2019
Citation: 2019 MT 78
Docket Number: DA 17-0573

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's petition for post conviction relief without an evidentiary hearing, holding that the district court correctly determined that Appellant's...

State v. J. Marks
Date: April 2, 2019
Citation: 2019 MT 76N
Docket Number: DA 17-0686
State v. Tharin
Date: April 2, 2019
Citation: 2019 MT 77N
Docket Number: DA 17-0737
Matter of T.N. & O.N., YINC
Date: April 2, 2019
Citation: 2019 MT 79N
Docket Number: DA 18-0321
TCH Builders v. Elements of Construction, Inc.  
Date: March 26, 2019
Citation: 2019 MT 71
Docket Number: DA 18-0324

Justia Opinion Summary: The Supreme Court reversed the order of the district court awarding attorney's fees to TCH Builders and Remodeling, holding that the district court abused its discretion by assessing all of TCH's attorney fees against th...

In re K.B.  
Date: March 26, 2019
Citation: 2019 MT 73
Docket Number: DA 18-0412

Justia Opinion Summary: The Supreme Court reversed the order of the district court that denied Mother's motion to set aside her earlier conditional relinquishment of parental rights, terminated her parental rights, and granted permanent legal c...

U.S. Specialty v. Estate of Ward  
Date: March 26, 2019
Citation: 2019 MT 72
Docket Number: OP 18-0373

Justia Opinion Summary: The Supreme Court accepted a question certified to it by the United States District Court for the District of Montana to address an Estate's third-party claim to stacked liability limits in an aircraft insurance policy t...

Lawrence v. Salmonsen  
Date: March 26, 2019
Citation: 2019 MT 74
Docket Number: OP 18-0440

Justia Opinion Summary: The Supreme Court denied Petitioner's petition for a writ of habeas corpus asserting that he was entitled to relief because he entered an "Alford plea" to sexual assault and solicitation for sexual assault in violation o...

City of Helena v. O'Connell  
Date: March 20, 2019
Citation: 2019 MT 69
Docket Number: DA 17-0440

Justia Opinion Summary: The Supreme Court affirmed the order of the district court upholding the denial of Defendant’s motion to dismiss her driving under the influence (DUI) charge, holding that Montana’s statutory protections against double j...

State v. Johnson  
Date: March 19, 2019
Citation: 2019 MT 68
Docket Number: DA 17-0194

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of offense of partner or family member assault, holding that the district court abused its discretion in denying Defendant’s motion to ex...

State v. Jensen  
Date: March 19, 2019
Citation: 2019 MT 60
Docket Number: DA 17-0469

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of two counts of criminal endangerment, one count of driving under the influence of alcohol, and one count of open container violation, holding that the district court d...

State v. Nelson  
Date: March 19, 2019
Citation: 2019 MT 62
Docket Number: DA 17-0609

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court imposing a two-year suspended sentence in connection with Defendant’s conviction, holding that the district court correctly determined that Mont. Code Ann. 46...

State v. Kinholt and ASAP Bail Bonds
Date: March 19, 2019
Citation: 2019 MT 64N
Docket Number: DA 17-0749
In re J.D.  
Date: March 19, 2019
Citation: 2019 MT 63
Docket Number: DA 18-0181

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to J.D., holding that although the district court abused its discretion by issuing a subpoena for privileged...

In re S.C.L.  
Date: March 19, 2019
Citation: 2019 MT 61
Docket Number: DA 18-0274

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to her child, S.C.L., holding that the district court did not abuse its discretion in finding that Mother did not overcome t...

Labair v. Morin
Date: March 19, 2019
Citation: 2019 MT 66N
Docket Number: DA 18-0334
Matter of C.J.G., YINC
Date: March 19, 2019
Citation: 2019 MT 65N
Docket Number: DA 18-0337
BAM Ventures, LLC v. Schifferman  
Date: March 19, 2019
Citation: 2019 MT 67
Docket Number: DA 18-0437

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting a preliminary injunction in favor of Defendants in this dispute over certain property, holding that the district court did not err by granting the preli...

In re B.A.F.  
Date: March 12, 2019
Citation: 2019 MT 57
Docket Number: DA 17-0567

Justia Opinion Summary: The Supreme Court affirmed the order of the district court extending B.A.F.’s commitment to the Montana Mental Health Nursing Care Center, holding that the requirements of Mont. Code Ann. 53-21-119(1) did not apply when...

Soup Creek LLC v. Gibson  
Date: March 12, 2019
Citation: 2019 MT 58
Docket Number: DA 18-0182

Justia Opinion Summary: The Supreme Court reversed the order of the district court, which concluded that Soup Creek Road was an extinguished prescriptive easement across the parcel of land owned by Plaintiffs - Soup Creek, LLC, Dewey Skelton, a...

Marriage of Brockington
Date: March 12, 2019
Citation: 2019 MT 59N
Docket Number: DA 18-0353
City of Helena v. Parsons  
Date: March 6, 2019
Citation: 2019 MT 56
Docket Number: DA 17-0576

Justia Opinion Summary: The Supreme Court reversed Defendant’s conviction on the misdemeanor offenses of negligent endangerment and reckless driving in the municipal court, holding that the municipal court erred in refusing to instruct the jury...

City of Helena v. Parsons (Synopsis)
Date: March 6, 2019
Citation: 2019 MT 56
Docket Number: DA 17-0576
Bullock v. Fox  
Date: February 28, 2019
Citation: 2019 MT 50
Docket Number: OP 18-0599

Justia Opinion Summary: The Supreme Court assumed original jurisdiction over the issue presented in this case and held that the plain and ordinary meaning of “land acquisition” per Mont. Code Ann. 87-1-209(1) does not encompass conservation eas...

State v. Warren  
Date: February 26, 2019
Citation: 2019 MT 49
Docket Number: DA 17-0510

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of three felony counts of aggravated animal cruelty, five felony counts of cruelty to animals, and a misdemeanor count of cruelty to animals, holding that the district co...

Davidson v. Barstad  
Date: February 26, 2019
Citation: 2019 MT 48
Docket Number: DA 18-0050

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment specifically enforcing post-auction real property buy-sell agreements between Sellers and respective auction purchasers, Buyers, hol...

In re S.R.  
Date: February 21, 2019
Citation: 2019 MT 47
Docket Number: DA 18-0188

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother’s parental rights to her two minor children for failure to comply with a reunification-oriented treatment plan, holding that the district c...

State v. D. Ostrander
Date: February 19, 2019
Citation: 2019 MT 46N
Docket Number: DA 17-0060
Matter of G.M.
Date: February 19, 2019
Citation: 2019 MT 45N
Docket Number: DA 17-0263
State v. Martin  
Date: February 19, 2019
Citation: 2019 MT 44
Docket Number: DA 17-0520

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court designating Defendant a repeat persistent felony offender (PFO) and sentencing him as a repeat PFO under Mont. Code Ann. 46-18-502(2), holding that there was...

State v. Ellerbee  
Date: February 12, 2019
Citation: 2019 MT 37
Docket Number: DA 17-0059

Justia Opinion Summary: The Supreme Court affirmed the jury verdict and sentencing order of the district court finding Appellant guilty of criminal possession of dangerous drugs, holding that there was no error that required reversal of Appella...

State v. Johnson  
Date: February 12, 2019
Citation: 2019 MT 34
Docket Number: DA 17-0195

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of felony aggravated assault, holding that the district court did not abuse its discretion by denying Appellant’s request for substitution of counsel. Appellant in this...

State v. Stevens  
Date: February 12, 2019
Citation: 2019 MT 36
Docket Number: DA 17-0334

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s motion to suppress, holding that the denial of Appellant’s motion to suppress was not erroneous. Defendant was charged with criminal poss...

State v. J. Arias-Mirenda
Date: February 12, 2019
Citation: 2019 MT 40N
Docket Number: DA 17-0335
City of Missoula v. Shumway  
Date: February 12, 2019
Citation: 2019 MT 38
Docket Number: DA 17-0745

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for two counts of criminal possession of drug paraphernalia, holding that Defendant was not entitled to a protection from prosecution through the Montana Marijuana Act (...

In re Marriage of Bessette  
Date: February 12, 2019
Citation: 2019 MT 35
Docket Number: DA 18-0025

Justia Opinion Summary: The Supreme Court affirmed the judgment of the Montana district court temporarily suspending a previously imposed parenting plan for L.G.B., a minor child, holding that the district court did not erroneously grant and ma...

State v. R. Ingman
Date: February 12, 2019
Citation: 2019 MT 39N
Docket Number: DA 18-0167
Kapor v. RJC Investment, Inc.  
Date: February 12, 2019
Citation: 2019 MT 41
Docket Number: DA 18-0208

Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting summary judgment in favor of RJC Investment, Inc. on Deneige Kapor’s complaint alleging that RJC failed to pay her the surplus allegedly realized on...

Bollinger v. Billings Clinic  
Date: February 12, 2019
Citation: 2019 MT 42
Docket Number: DA 18-0265

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the Montana Department of Labor and Industry’s Human Rights Bureau’s (HRB) decision concluding that Ronis Bollinger was properly terminated from her em...

Carters v. D.R.E.
Date: February 12, 2019
Citation: 2019 MT 43N
Docket Number: DA 18-0622
State v. Oschmann  
Date: February 7, 2019
Citation: 2019 MT 33
Docket Number: DA 17-0141

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to set aside the jury verdict in his case and grant him a new trial, holding that the district court correctly concluded that the interests of...

Letica Land Co., LLC v. Anaconda-Deer Lodge County  
Date: February 5, 2019
Citation: 2019 MT 30
Docket Number: DA 18-0249

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the district court granting summary judgment in favor of Anaconda-Deer Lodge County in this dispute over the status of a road, holding that the dist...

State v. Hudon  
Date: February 5, 2019
Citation: 2019 MT 31
Docket Number: DA 18-0270

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of driving under the influence of alcohol or drugs, holding that there was no error in the court below that warranted reversal of the conviction. Specifically, the Court...

F. Torres v. State
Date: February 5, 2019
Citation: 2019 MT 32N
Docket Number: DA 18-0286
Conservatorship of P.A.R.
Date: February 4, 2019
Citation: 2019 MT 29N
Docket Number: DA 18-0458
Larson v. Secretary of State  
Date: January 30, 2019
Citation: 2019 MT 28
Docket Number: DA 18-0414

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court invalidating the Secretary of State Corey Stapleton’s (Secretary) act of certifying the eligibility of the Montana Green Party to nominate candidates for elec...

State v. J. Cleland
Date: January 29, 2019
Citation: 2019 MT 26N
Docket Number: DA 16-0650
Matter of D.S.
Date: January 29, 2019
Citation: 2019 MT 22N
Docket Number: DA 17-0460
State v. D. Helm
Date: January 29, 2019
Citation: 2019 MT 27N
Docket Number: DA 17-0610
Britt v. State
Date: January 29, 2019
Citation: 2019 MT 23N
Docket Number: DA 17-0621
Abbey/Land, LLC v. Glacier Construction Partners, LLC  
Date: January 29, 2019
Citation: 2019 MT 19
Docket Number: DA 17-0705

Justia Opinion Summary: The Supreme Court affirmed the findings of the district court that a confessed judgment was unreasonable and the product of collusion, and, on the basis of these findings, reversed and remanded the district court’s amend...

Funk v. Wilcox  
Date: January 29, 2019
Citation: 2019 MT 20
Docket Number: DA 18-0076

Justia Opinion Summary: In this dispute over the distribution of settlement proceeds that arose out of litigation regarding the Pine Creek Fire in August 2012, the Supreme Court affirmed the order of the district court approving the special mas...

Parenting of D.E.L.-W
Date: January 29, 2019
Citation: 2019 MT 21N
Docket Number: DA 18-0196
Matter of D.M. & T.M., YINC
Date: January 29, 2019
Citation: 2019 MT 24N
Docket Number: DA 18-0380
Matter of D.R. & P.W., YINC
Date: January 29, 2019
Citation: 2019 MT 25N
Docket Number: DA 18-0384
State v. Hardground  
Date: January 22, 2019
Citation: 2019 MT 14
Docket Number: DA 16-0016

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant for failure of sexual offender to provide notice of change of residence, holding that the district court abused its discretion by grantin...

State v. D. Crosby
Date: January 22, 2019
Citation: 2019 MT 17N
Docket Number: DA 16-0671
State v. Burt
Date: January 22, 2019
Citation: 2019 MT 16N
Docket Number: DA 18-0052
Northcutt v. McLaughlin  
Date: January 22, 2019
Citation: 2019 MT 18
Docket Number: DA 18-0195

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the order of the standing master denying Mother’s request to relocate with the parties’ child and ordering the parenting plan, which provided for th...

U.S. Bank v. Jenkins
Date: January 22, 2019
Citation: 2019 MT 15N
Docket Number: DA 18-0312
State v. Wallace
Date: January 15, 2019
Citation: 2019 MT 12N
Docket Number: DA 17-0015
In re Estate of Cote  
Date: January 15, 2019
Citation: 2019 MT 10
Docket Number: DA 17-0537

Justia Opinion Summary: The Supreme Court affirmed the order of the district court awarding punitive damages against Farmers State Financial Corporation for fraudulent stock conversion, holding that there was no error. Specifically, the Court...

S. Allison v. State
Date: January 15, 2019
Citation: 2019 MT 13N
Docket Number: DA 17-0622
Munoz v. Bank of America
Date: January 15, 2019
Citation: 2019 MT 11N
Docket Number: DA 18-0018
In re Adoption of L.F.R.  
Date: January 8, 2019
Citation: 2019 MT 2
Docket Number: DA 18-0313

Justia Opinion Summary: The Supreme Court reversed the order and decree of adoption issued by the district court terminating Father’s parental rights and ordering the adoption of his minor daughter, L.F.R., by her stepfather, K.J.D., holding th...

State v. S. Mahlen
Date: January 8, 2019
Citation: 2019 MT 7N
Docket Number: DA 18-0109
Peters v. Land Commissioners
Date: January 8, 2019
Citation: 2019 MT 9N
Docket Number: DA 18-0142
Burke v. Rolle
Date: January 8, 2019
Citation: 2019 MT 6N
Docket Number: DA 18-0146
Hirsch v. City of Choteau
Date: January 8, 2019
Citation: 2019 MT 5N
Docket Number: DA 18-0231
KS Ventures v. Russell, et al.
Date: January 8, 2019
Citation: 2019 MT 4N
Docket Number: DA 18-0238
State v. C. Schlepp
Date: January 8, 2019
Citation: 2019 MT 8N
Docket Number: DA 18-0244
Harmon v. Fink
Date: January 2, 2019
Citation: 2019 MT 3N
Docket Number: DA 17-0715
Sinram v. Berube  
Date: January 2, 2019
Citation: 2019 MT 1
Docket Number: DA 18-0150

Justia Opinion Summary: The Supreme Court affirmed the order of the district court amending the parenting plan of Mother and Father, holding that the district court did not err in amending the parties’ parenting plan. On appeal, Mother argued...

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