Montana Supreme Court Decisions 2021

State v. A. Ruff
Date: December 28, 2021
Citation: 2021 MT 325N
Docket Number: DA 19-0167
State v. Boyd  
Date: December 28, 2021
Citation: 2021 MT 323
Docket Number: DA 19-0668

Justia Opinion Summary: The Supreme Court reversed the judgment and sentencing order of the district court that sentenced Defendant to ten years at the Montana State Prison (MSP) for assault on a peace officer and eighty years at MSP for attemp...

State v. Q. Smith (Synopsis)
Date: December 28, 2021
Citation: 2021 MT 324
Docket Number: DA 20-0382
State v. Smith  
Date: December 28, 2021
Citation: 2021 MT 324
Docket Number: DA 20-0382

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant's motion to suppress evidence obtained when law enforcement officers entered Defendant's private property without a warrant, holding that that...

State v. Martell  
Date: December 21, 2021
Citation: 2021 MT 318
Docket Number: DA 20-0037

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant for theft of property exceeding $1,500 in value, holding that the district court committed harmless error in allowing a State witness to...

State v. Steger  
Date: December 21, 2021
Citation: 2021 MT 321
Docket Number: DA 20-0119

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting and sentencing Defendant for felony driving under the influence (DUI), holding that Defendant sufficiently objected regarding his inability to pay...

State v. Erickson  
Date: December 21, 2021
Citation: 2021 MT 320
Docket Number: DA 20-0159

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for assault on a peace officer, holding that the district court did not err by denying Defendant's motion for mistrial based upon a prosecutor's comment made during openi...

B. Temple v. State
Date: December 21, 2021
Citation: 2021 MT 322N
Docket Number: DA 20-0303
East Bench Irrigation District v. Open A Ranch, Inc.  
Date: December 21, 2021
Citation: 2021 MT 319
Docket Number: DA 21-0079

Justia Opinion Summary: The Supreme Court affirmed the final order and summary judgment order of the Montana Water Court adjudicating eleven United States Bureau of Reclamation (BOR) water rights claims in Basin 41B, holding that there was no e...

E. Bench v. Open A Ranch (Synopsis)
Date: December 21, 2021
Citation: 2021 MT 319
Docket Number: DA 21-0079
State v. Yeaton  
Date: December 14, 2021
Citation: 2021 MT 312
Docket Number: DA 20-0041

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant's sentence of five years' imprisonment with two years suspended and fees and fines totaling $5560, as well as an order to pay imprisonment, probation, and...

Mehring v. Goudreau
Date: December 14, 2021
Citation: 2021 MT 313N
Docket Number: DA 20-0540
State v. M. Prichard
Date: December 14, 2021
Citation: 2021 MT 315N
Docket Number: DA 21-0112
Matter of A.M.M.R. & M.L.R.M.R., YINC
Date: December 14, 2021
Citation: 2021 MT 314N
Docket Number: DA 21-0135
Parenting of A.J.B., a Minor Child
Date: December 14, 2021
Citation: 2021 MT 316N
Docket Number: DA 21-0168
State v. M. Ditton
Date: December 7, 2021
Citation: 2021 MT 310N
Docket Number: DA 21-0206
Matter of E.J.G. and C.R.G., YINC
Date: December 7, 2021
Citation: 2021 MT 311N
Docket Number: DA 21-0269
Gibson v. United States  
Date: December 7, 2021
Citation: 2021 MT 309
Docket Number: OP 21-0316

Justia Opinion Summary: The Supreme Court accepted certification of two questions by the United States Court of Appeals for the Ninth Circuit regarding whether a charitable write-off of medical expenses may be recovered as damages or is subject...

State v. Strizich  
Date: November 30, 2021
Citation: 2021 MT 306
Docket Number: DA 18-0248

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of aggravated burglary, criminal trespass to property, and criminal possession of dangerous drugs, holding that there was no error in the...

State v. Polak  
Date: November 30, 2021
Citation: 2021 MT 307
Docket Number: DA 20-0044

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of deliberate homicide with a weapons enhancement, holding that there were no grounds upon which to reverse Defendant's conviction. On a...

PF2 Leasing, LLC v. Galipeau  
Date: November 30, 2021
Citation: 2021 MT 308
Docket Number: DA 21-0116

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the special master's determination in the district court that resolved a dispute between PF2 Leasing, LLC and Jim Galipeau, the receiver for Black Gold Enterprises,...

National Indemnity Co. v. State  
Date: November 23, 2021
Citation: 2021 MT 300
Docket Number: DA 19-0533

Justia Opinion Summary: The Supreme Court affirmed the rulings of the district court that the State was covered by an insurance policy it had with National Indemnity Company (National) for claims made against the State for injury and death resu...

National Indemnity v. State (Synopsis)
Date: November 23, 2021
Citation: 2021 MT 300
Docket Number: DA 19-0533
State v. Torres  
Date: November 23, 2021
Citation: 2021 MT 301
Docket Number: DA 20-0024

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of partner or family member assault (PFMA), holding that the district court did not err by permitting Defendant's ex-girlfriend to testify and that there was...

State v. McCoy  
Date: November 23, 2021
Citation: 2021 MT 303
Docket Number: DA 20-0066

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of criminal distribution of dangerous drugs, holding that there was sufficient evidence to support the conviction and that the district court did not otherwise err. Defe...

State v. W. Terry
Date: November 23, 2021
Citation: 2021 MT 305N
Docket Number: DA 20-0136
State v. Lamb  
Date: November 23, 2021
Citation: 2021 MT 302
Docket Number: DA 20-0222

Justia Opinion Summary: The Supreme Court reversed a portion of the restitution ordered in the judgment and sentence from the district court, holding that the district court erred when it ordered Defendant to pay the full restitution requested...

Matter of A.S., YINC
Date: November 23, 2021
Citation: 2021 MT 304N
Docket Number: DA 21-0139
State v. J. Witkowski
Date: November 16, 2021
Citation: 2021 MT 297N
Docket Number: DA 18-0621
City of Missoula v. Sadiku  
Date: November 16, 2021
Citation: 2021 MT 295
Docket Number: DA 19-0689

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the decision of the municipal court revoking Defendant's deferred sentence and imposing a six-month suspended sentence, holding that the municipal c...

State v. B. Wilke
Date: November 16, 2021
Citation: 2021 MT 299N
Docket Number: DA 20-0074
In re C.L.  
Date: November 16, 2021
Citation: 2021 MT 294
Docket Number: DA 20-0155

Justia Opinion Summary: The Supreme Court reversed the order of the youth court denying Appellant's motion to dismiss the State's petition to revoke his probation, holding that the youth court erred when it revoked Appellant's probation under a...

Ibsen v. MSBME
Date: November 16, 2021
Citation: 2021 MT 298N
Docket Number: DA 21-0149
Maier v. State  
Date: November 16, 2021
Citation: 2021 MT 296
Docket Number: DA 21-0218

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's petition to expunge or predesignate as a civil infraction his felony conviction of criminal possession of dangerous drugs, holding that th...

State v. Abel  
Date: November 9, 2021
Citation: 2021 MT 293
Docket Number: DA 19-0455

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting and sentencing Defendant on the offense of partner or family member strangulation, holding that the district court did not commit plain error by fa...

State v. Mikesell  
Date: November 9, 2021
Citation: 2021 MT 288
Docket Number: DA 19-0666

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of felony sexual intercourse without consent, holding that Defendant received constitutionally effective assistance of counsel. At issue...

State v. E. Huggler
Date: November 9, 2021
Citation: 2021 MT 290N
Docket Number: DA 20-0210
Goss v. USAA Casualty Insurance Co.  
Date: November 9, 2021
Citation: 2021 MT 289
Docket Number: DA 20-0464

Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the judgment of the district court concluding that Appellant was not entitled to underinsured motorist (UIM) and medical payment (MP) coverages under his automobile...

In re J.W.  
Date: November 9, 2021
Citation: 2021 MT 291
Docket Number: DA 20-0580

Justia Opinion Summary: The Supreme Court affirmed the jury verdict and dispositional order finding J.W. guilty of the offense of sexual intercourse without consent - a felony if committed by an adult, adjudicating J.W. a delinquent youth, and...

Hathaway v. Zoot Enterprises, Inc.  
Date: November 9, 2021
Citation: 2021 MT 292
Docket Number: DA 21-0104

Justia Opinion Summary: The Supreme Court affirmed the orders of the district court (1) resolving the parties' summary judgment motions, ruling in favor of Defendant, Plaintiff's former employer, in Plaintiff's wrongful discharge lawsuit; and (...

McDonald v. Jacobsen  
Date: November 3, 2021
Citation: 2021 MT 287
Docket Number: DA 21-0382

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying as untimely the motion of the Montana Secretary of State to substitute a judge, holding that the Secretary's motion to substitute a judge was timely, and...

State v. S. Haynal
Date: November 2, 2021
Citation: 2021 MT 284N
Docket Number: DA 19-0712
State v. Tipton  
Date: November 2, 2021
Citation: 2021 MT 281
Docket Number: DA 20-0040

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of indecent exposure to a minor, sexual abuse of children in violation of Mont. Code Ann. 45-5-625(1)(c) and (4), and sexual abuse of chi...

City of Missoula v. J. Adams
Date: November 2, 2021
Citation: 2021 MT 285N
Docket Number: DA 20-0215
State v. N. Anderson
Date: November 2, 2021
Citation: 2021 MT 286N
Docket Number: DA 20-0246
Darrow v. Msla Dem. Cen. Com.
Date: November 2, 2021
Citation: 2021 MT 282N
Docket Number: DA 20-0616
Vulles v. Thies & Talle Management, Inc.  
Date: November 2, 2021
Citation: 2021 MT 279
Docket Number: DA 21-0141

Justia Opinion Summary: The Supreme Court affirmed in part the judgment of the district court dismissing Plaintiffs' request for class certification, holding that the district court did not abuse its discretion by holding that Plaintiffs' certi...

State v. Polejewski
Date: November 2, 2021
Citation: 2021 MT 283N
Docket Number: DA 21-0150
Carter v. Badrock Rural Fire District  
Date: November 2, 2021
Citation: 2021 MT 280
Docket Number: DA 21-0266

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Plaintiffs' motions for default judgment and for summary judgment and granting the summary judgment of Defendants, holding that there was no error. I...

State v. Villanueva  
Date: October 26, 2021
Citation: 2021 MT 277
Docket Number: DA 19-0675

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of sexual assault, holding that the district court did not err or abuse its discretion. After a jury trial, Defendant was convicted of sexually assaulting...

State v. Hoover  
Date: October 26, 2021
Citation: 2021 MT 276
Docket Number: DA 19-0707

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Defendant's motion for a new trial on the offense of partner or family members assault (PFMA), third or subsequent offense, holding that the district...

State v. Corriher  
Date: October 26, 2021
Citation: 2021 MT 275
Docket Number: DA 20-0251

Justia Opinion Summary: The Supreme Court affirmed the sentencing order of the district court requiring Defendant to pay $3,025 in restitution for his extradition from Georgia and to surrender his medical marijuana card, holding that Defendant...

Marriage of Smith
Date: October 26, 2021
Citation: 2021 MT 278N
Docket Number: DA 21-0077
State v. Pham  
Date: October 19, 2021
Citation: 2021 MT 270
Docket Number: DA 19-0421

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant's motion to suppress based on its determination that Defendant had not been seized, holding that the district court clearly erred when it concl...

State v. Laster  
Date: October 19, 2021
Citation: 2021 MT 269
Docket Number: DA 19-0645

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Defendant's motion to suppress illegal drug evidence seized as a result of a protective pat-down search for weapons and i...

State v. Murphy  
Date: October 19, 2021
Citation: 2021 MT 268
Docket Number: DA 19-0657

Justia Opinion Summary: The Supreme Court affirmed the order of the district court convicting Defendant of sexual intercourse without consent, holding that the district court did not abuse its discretion by permitting admission of evidence rega...

Bye v. Somont Oil
Date: October 19, 2021
Citation: 2021 MT 271N
Docket Number: DA 20-0492
Ekalaka v. Ekalaka Volunteer Fire Department, Inc.  
Date: October 19, 2021
Citation: 2021 MT 267
Docket Number: DA 20-0594

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying the Ekalaka Volunteer Fire Department, Inc.'s (Department) motion for summary judgment, holding that the district court did not err in finding that the T...

Ku v. G.F. Public Schools
Date: October 19, 2021
Citation: 2021 MT 274N
Docket Number: DA 21-0095
Marriage of Waite
Date: October 19, 2021
Citation: 2021 MT 272N
Docket Number: DA 21-0103
Ku v. G.F. Public Library
Date: October 19, 2021
Citation: 2021 MT 273N
Docket Number: DA 21-0111
State v. Marquez  
Date: October 12, 2021
Citation: 2021 MT 263
Docket Number: DA 19-0660

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of felony assault on a peace officer, holding that the district court did not abuse its discretion when it decided not to instruct the ju...

In re F.S.  
Date: October 12, 2021
Citation: 2021 MT 262
Docket Number: DA 20-0092

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court involuntarily committing Respondent to the Montana State Hospital, holding that the waiver of Respondent's presence at the initial hearing on the State's peti...

State v. Hren  
Date: October 12, 2021
Citation: 2021 MT 264
Docket Number: DA 20-0190

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of felony criminal endangerment, misdemeanor stalking, and felony stalking, holding that the district court did not err. The first trial...

Marriage of Lalicker and Hartkopf
Date: October 12, 2021
Citation: 2021 MT 265N
Docket Number: DA 20-0610
State v. A. Weimer
Date: October 12, 2021
Citation: 2021 MT 266N
Docket Number: DA 21-0075
State v. Fisher  
Date: October 5, 2021
Citation: 2021 MT 255
Docket Number: DA 19-0301

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court denying Appellant's motion to dismiss the deliberate homicide case against him, holding that the district court erred when it ordere...

State v. Payne  
Date: October 5, 2021
Citation: 2021 MT 256
Docket Number: DA 19-0371

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of bail-jumping, one count for each scheduled trial he missed, holding that Defendant was not entitled to relief on his allegations of error. On appeal, De...

In re B.A.F.  
Date: October 5, 2021
Citation: 2021 MT 257
Docket Number: DA 19-0607

Justia Opinion Summary: The Supreme Court affirmed the order of the district court recommitting B.A.F. to the Montana Mental Health Nursing Care Center (MMHNCC) for a period of one year, holding that the district court did not err. In 2016, B....

City of Billings v. K. Hofman
Date: October 5, 2021
Citation: 2021 MT 261N
Docket Number: DA 20-0082
State v. M. Whitford
Date: October 5, 2021
Citation: 2021 MT 259N
Docket Number: DA 20-0249
Sullivan v. State
Date: October 5, 2021
Citation: 2021 MT 258N
Docket Number: DA 20-0560
In re H.D.K.  
Date: October 5, 2021
Citation: 2021 MT 254
Docket Number: DA 21-0011

Justia Opinion Summary: The Supreme Court affirmed the order issued by the district court concerning the conservatorship and estate planning efforts of Appellant's elderly mother, H.D.K., holding that the district court did not err or abuse its...

Matter of S.K., YINC
Date: October 5, 2021
Citation: 2021 MT 260N
Docket Number: DA 21-0101
State v. Valenzuela  
Date: September 28, 2021
Citation: 2021 MT 244
Docket Number: DA 20-0032

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of sexual assault and incest involving his biological son, holding that Defendant was not entitled to relief on his allegations of error....

A.C.I. Construction, LLC v. Elevated Property Investments, LLC  
Date: September 28, 2021
Citation: 2021 MT 246
Docket Number: DA 20-0482

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Lease Option Solution, LLC's (LOS) motion for summary judgment on lien property and entering judgment in favor of ACI Construction, LLC on its unjust en...

J. Walberg v. State
Date: September 28, 2021
Citation: 2021 MT 249N
Docket Number: DA 20-0505
Wallace v. Spencer Law Office
Date: September 28, 2021
Citation: 2021 MT 252N
Docket Number: DA 20-0611
In re Estate of Dower  
Date: September 28, 2021
Citation: 2021 MT 245
Docket Number: DA 21-0012

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Linda Dower motion for partial summary judgment wherein she argued that certain trust assets should be included in an estate in order to satisfy her stat...

P. Neiss v. State
Date: September 28, 2021
Citation: 2021 MT 250N
Docket Number: DA 21-0071
Matter of D.R.V., YINC
Date: September 28, 2021
Citation: 2021 MT 251N
Docket Number: DA 21-0090
Rairdan v. State  
Date: September 28, 2021
Citation: 2021 MT 247
Docket Number: DA 21-0119

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Petitioner's petition to expunge or redesignate as a civil infraction his charge of felony criminal production or manufacture of dangerous drugs, holding...

Walund v. State Fund
Date: September 28, 2021
Citation: 2021 MT 248N
Docket Number: DA 21-0121
State v. Byrne  
Date: September 21, 2021
Citation: 2021 MT 238
Docket Number: DA 19-0420

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of three counts of felony sexual intercourse without consent with a victim twelve years old or younger, holding that eliciting testimony that vouched for the victim's cre...

State v. C. Sacks
Date: September 21, 2021
Citation: 2021 MT 242N
Docket Number: DA 20-0079
State v. Wright  
Date: September 21, 2021
Citation: 2021 MT 239
Docket Number: DA 20-0091

Justia Opinion Summary: The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defen...

State v. R. Wagoner
Date: September 21, 2021
Citation: 2021 MT 243N
Docket Number: DA 20-0099
Fortner v. Broadwater Conservation District  
Date: September 21, 2021
Citation: 2021 MT 240
Docket Number: DA 20-0391

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court upholding the Broadwater Conservation District's (BCD) declaratory ruling determining that Montana Gulch is a "stream" subject to the regulatory provisions of...

Matter of A.D., YINC
Date: September 21, 2021
Citation: 2021 MT 241N
Docket Number: DA 21-0134
State v. S. Schneider
Date: September 14, 2021
Citation: 2021 MT 236N
Docket Number: DA 18-0668
State v. Tome  
Date: September 14, 2021
Citation: 2021 MT 229
Docket Number: DA 19-0257

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of sexual intercourse without consent, holding that Defendant's constitutional right to confront his accusers was violated during his second criminal trial. The victim,...

In re N.A.  
Date: September 14, 2021
Citation: 2021 MT 228
Docket Number: DA 19-0706

Justia Opinion Summary: The Supreme Court reversed the order of the district court committing N.A. to Montana State Hospital (MSH) for a period of up to ninety days, holding that the district court committed reversible error when it allowed tes...

State v. W. Vasquez
Date: September 14, 2021
Citation: 2021 MT 233N
Docket Number: DA 19-0715
State v. D. Kindt
Date: September 14, 2021
Citation: 2021 MT 235N
Docket Number: DA 20-0152
State v. Howard  
Date: September 14, 2021
Citation: 2021 MT 230
Docket Number: DA 20-0165

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction for misdemeanor resisting arrest, holding that there was no error. On appeal, Defendant argued that the municipal court abus...

Barthel v. Barretts  
Date: September 14, 2021
Citation: 2021 MT 232
Docket Number: DA 20-0398

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Plaintiff's complaint for failure to state a claim, holding that the district court did not err in granting Defendants' motion to dismiss. Plaintiff...

Haffner-Lynn v. Annala
Date: September 14, 2021
Citation: 2021 MT 234N
Docket Number: DA 20-0547
In re Parenting of P.H.R.  
Date: September 14, 2021
Citation: 2021 MT 231
Docket Number: DA 21-0050

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part four provisions of a district court order and amended parenting plan in this case, holding that certain provisions in the provisions in the court's amended parentin...

Simpkins v. Speck
Date: September 14, 2021
Citation: 2021 MT 237N
Docket Number: DA 21-0147
Rafes v. Butts
Date: September 7, 2021
Citation: 2021 MT 225N
Docket Number: DA 20-0485
Bick v. Johnson & DPHHS
Date: September 7, 2021
Citation: 2021 MT 222N
Docket Number: DA 20-0498
Wilkie v. Hartford  
Date: September 7, 2021
Citation: 2021 MT 221
Docket Number: DA 20-0514

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing as moot Appellant's claim for declaratory judgment that The Hartford Underwriters Insurance Company had a duty as an insurer to provide its insured's...

McAtee v. Morrison & Frampton  
Date: September 7, 2021
Citation: 2021 MT 227
Docket Number: DA 20-0556

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the orders of the district court granting summary judgment in favor of Defendant and dismissing Plaintiff's malicious prosecution claim with prejudice, holding that...

Adoption of R.D.J.
Date: September 7, 2021
Citation: 2021 MT 223N
Docket Number: DA 20-0614
State v. K. Martell
Date: September 7, 2021
Citation: 2021 MT 226N
Docket Number: DA 21-0024
Matter of K.E.R., YINC
Date: September 7, 2021
Citation: 2021 MT 224N
Docket Number: DA 21-0066
State v. M. Gossard
Date: August 31, 2021
Citation: 2021 MT 218N
Docket Number: DA 19-0365
State v. T. Smith
Date: August 31, 2021
Citation: 2021 MT 217N
Docket Number: DA 19-0477
Babcock v. Casey's Management, LLC  
Date: August 31, 2021
Citation: 2021 MT 215
Docket Number: DA 20-0480

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant summary judgment on Plaintiff's asserted negligence (liquor liability) and negligence (premises liability) claims, holding that the district c...

Marriage of Schaub
Date: August 31, 2021
Citation: 2021 MT 216N
Docket Number: DA 20-0490
Marriage of Carbah
Date: August 31, 2021
Citation: 2021 MT 219N
Docket Number: DA 20-0518
R. Sullivan v. State
Date: August 31, 2021
Citation: 2021 MT 220N
Docket Number: DA 20-0558
City of Bozeman v. Dumas, III
Date: August 24, 2021
Citation: 2021 MT 213N
Docket Number: DA 19-0497
Konesky v. Keller
Date: August 24, 2021
Citation: 2021 MT 214N
Docket Number: DA 21-0040
State v. D. Knox
Date: August 17, 2021
Citation: 2021 MT 208N
Docket Number: DA 19-0323
Matter of F.J.S.
Date: August 17, 2021
Citation: 2021 MT 209N
Docket Number: DA 19-0351
State v. Secrease  
Date: August 17, 2021
Citation: 2021 MT 212
Docket Number: DA 19-0588

Justia Opinion Summary: The Supreme Court reversed Defendant's convictions for felony driving under the influence of alcohol and/or drugs (DUI) and misdemeanor obstructing a peace officer, holding that Defendant received ineffective assistance...

State v. B. Jones
Date: August 17, 2021
Citation: 2021 MT 205N
Docket Number: DA 19-0700
J. Smith v. State
Date: August 17, 2021
Citation: 2021 MT 211N
Docket Number: DA 19-0704
State v. C. Nyanfore
Date: August 17, 2021
Citation: 2021 MT 206N
Docket Number: DA 20-0048
Thorco v. Whitefish Credit Union
Date: August 17, 2021
Citation: 2021 MT 207N
Docket Number: DA 20-0179
JRN Holdings, LLC v. Dearborn Meadows Land Owners Ass'n, Inc.  
Date: August 17, 2021
Citation: 2021 MT 204
Docket Number: DA 20-0517

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's ruling that the Dearborn Meadows Land Owners Association, Inc. (DMLOA) established on behalf of its members an implied easement by preexisting...

Ariegwe v. State
Date: August 17, 2021
Citation: 2021 MT 210N
Docket Number: DA 21-0027
State v. K. Parisian
Date: August 10, 2021
Citation: 2021 MT 202N
Docket Number: DA 18-0606
State v. Cameron  
Date: August 10, 2021
Citation: 2021 MT 198
Docket Number: DA 20-0060

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant's pro se motion to vacate and challenge to jurisdiction and the subsequent order of revocation and imposition of sentence revoking Defendant's...

J. Johnson v. State
Date: August 10, 2021
Citation: 2021 MT 203N
Docket Number: DA 20-0385
In re L.H.  
Date: August 10, 2021
Citation: 2021 MT 199
Docket Number: DA 20-0478

Justia Opinion Summary: The Supreme Court affirmed the judgments of the district court terminating Mother's and Father's respective parental rights to their child, holding that the district court did not err. Specifically, the Supreme Court he...

Holms v. Bretz  
Date: August 10, 2021
Citation: 2021 MT 200
Docket Number: DA 20-0579

Justia Opinion Summary: The Supreme Court held that a plaintiff must file a motion to substitute a presiding district judge within thirty days of service of the summons or of an adverse party's appearance, whichever occurs first, and that Plain...

State v. N. Lopez
Date: August 3, 2021
Citation: 2021 MT 195N
Docket Number: DA 18-0667
State v. Mendoza  
Date: August 3, 2021
Citation: 2021 MT 197
Docket Number: DA 19-0587

Justia Opinion Summary: The Supreme Court reversed the judgment issued by the district court denying Defendant full credit for all days he spent incarcerated from the date he was served with an arrest warrant through sentencing, holding that De...

State v. McGhee  
Date: August 3, 2021
Citation: 2021 MT 193
Docket Number: DA 19-0608

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for indecent exposure to a minor, holding that the district court did not err in its evidentiary rulings and did not impose and unduly harsh sentence. On ap...

State v. M. Webb
Date: August 3, 2021
Citation: 2021 MT 194N
Docket Number: DA 19-0670
B.Y.O.B., Inc. v. Montana Department of Revenue  
Date: August 3, 2021
Citation: 2021 MT 191
Docket Number: DA 20-0459

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to the Montana Department of Revenue and dismissing Appellants' claims that the Department tortiously, unconstitutionally, and in breac...

Sieben Ranch Co. v. Adams  
Date: August 3, 2021
Citation: 2021 MT 172A
Docket Number: DA 20-0465

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Sieben Ranch Company regarding a road dispute concerning Lyons Creek Road, holding that the district court correctly held that Lyons...

Childress v. Costco Wholesale Corp.  
Date: August 3, 2021
Citation: 2021 MT 192
Docket Number: OP 20-0526

Justia Opinion Summary: The Supreme Court accepted a state law question certified by the United States Court of Appeals for the Ninth Circuit regarding whether, under Montana law, parasitic emotional distress damages are available for an underl...

Killam v. Salmonsen  
Date: August 3, 2021
Citation: 2021 MT 196
Docket Number: OP 20-0583

Justia Opinion Summary: The Supreme Court granted in part Petitioner's petition for a writ of habeas corpus seeking additional credit for time served, holding that Petitioner demonstrated that he was entitled to the writ. In 2004, Petitioner w...

State v. Giffin  
Date: July 27, 2021
Citation: 2021 MT 190
Docket Number: DA 19-0428

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant's motion to dismiss the criminal endangerment charge against him, holding that, under a de novo standard of review, the State alleged sufficie...

State v. M. Reinbolt
Date: July 27, 2021
Citation: 2021 MT 188N
Docket Number: DA 20-0025
State v. R. Rux
Date: July 27, 2021
Citation: 2021 MT 189N
Docket Number: DA 20-0258
Ayala v. Stafford
Date: July 27, 2021
Citation: 2021 MT 185N
Docket Number: DA 20-0418
Gruba v. PSC
Date: July 27, 2021
Citation: 2021 MT 186N
Docket Number: DA 20-0570
Miller v. State Fund
Date: July 27, 2021
Citation: 2021 MT 187N
Docket Number: DA 21-0120
State v. Twardoski  
Date: July 20, 2021
Citation: 2021 MT 179
Docket Number: DA 18-0543

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order and judgment issued by the district court following Defendant's convictions for sexual assault, three counts of sexual intercourse without consent, and se...

State v. J. Saunders
Date: July 20, 2021
Citation: 2021 MT 183N
Docket Number: DA 19-0020
State v. R. McCauley
Date: July 20, 2021
Citation: 2021 MT 181N
Docket Number: DA 19-0564
State v. Passmore
Date: July 20, 2021
Citation: 2021 MT 184N
Docket Number: DA 20-0118
Parenting of T.J.E.
Date: July 20, 2021
Citation: 2021 MT 182N
Docket Number: DA 20-0433
Young v. Hammer  
Date: July 20, 2021
Citation: 2021 MT 180
Docket Number: DA 20-0451

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs' legal malpractice action with prejudice, holding that the district court did not err. Plaintiffs filed this legal malpractice suit aga...

B. McLaughlin v. MT Legislature (Synopsis)
Date: July 14, 2021
Citation: 2021 MT 178
Docket Numbers: DA 16-0164, OP 21-0173
McLaughlin v. Montana State Legislature  
Date: July 14, 2021
Citation: 2021 MT 178
Docket Number: DA 16-0164

Justia Opinion Summary: In this original proceeding, the Supreme Court held that a subpoena issued by the Chair of the Senate Judiciary Committee to Director Misty Ann Giles and the subpoena issued by the Senate president and Speaker of the Hou...

In re S.G.-H.M. Jr.  
Date: July 13, 2021
Citation: 2021 MT 176
Docket Number: DA 19-0199

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court revoking the suspended portion of Appellant's sentence, holding that the district court did not err in denying Appellant's motion to dismiss for lack of subje...

State v. R. Archibald, Sr.
Date: July 13, 2021
Citation: 2021 MT 174N
Docket Number: DA 19-0545
State v. G. Smith
Date: July 13, 2021
Citation: 2021 MT 171N
Docket Number: DA 19-0632
Sieben Ranch Co. v. Adams  
Date: July 13, 2021
Citation: 2021 MT 172
Docket Number: DA 20-0465

Justia Opinion Summary: In this road dispute, the Supreme Court affirmed the order of the district court granting summary judgment to Seiben Ranch Company, holding that the district court correctly concluded that Lyons Creek Road, traversing no...

Larrivee v. Gardner
Date: July 13, 2021
Citation: 2021 MT 173N
Docket Number: DA 20-0483
In re Marriage of Fuller  
Date: July 13, 2021
Citation: 2021 MT 175
Docket Number: DA 20-0541

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting relief to Melissa Lynn Fuller from the 2016 final decree of dissolution of the marriage of Melissa and Bradley Dean Fuller, holding that the district co...

Wilkinson, LLC v. Erler  
Date: July 13, 2021
Citation: 2021 MT 177
Docket Number: DA 20-0582

Justia Opinion Summary: The Supreme Court reversed the order of the district court holding that the Secret Gulch Road Easement was an easement in gross, vacating Plaintiffs' temporary restraining order, denying Plaintiffs injunctive relief, and...

State v. J. Black
Date: July 6, 2021
Citation: 2021 MT 165N
Docket Number: DA 19-0157
State v. Sinz  
Date: July 6, 2021
Citation: 2021 MT 163
Docket Number: DA 19-0267

Justia Opinion Summary: The Supreme Court affirmed the judgment and commitment of the district court following Defendant's felony convictions of sexual intercourse without consent and sexual assault, holding that the district court did not comm...

State v. Thibeault  
Date: July 6, 2021
Citation: 2021 MT 162
Docket Number: DA 19-0411

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's judgment of conviction on the offense of criminal possession of drug paraphernalia, holding that the justice court did not illegally imp...

R. Rose v. State
Date: July 6, 2021
Citation: 2021 MT 164N
Docket Number: DA 19-0462
State v. R. Hornback
Date: July 6, 2021
Citation: 2021 MT 167N
Docket Number: DA 20-0009
Sproles v. State
Date: July 6, 2021
Citation: 2021 MT 170N
Docket Number: DA 20-0310
T. Snider v. State
Date: July 6, 2021
Citation: 2021 MT 169N
Docket Number: DA 20-0322
Masters Group v. Comerica Bank  
Date: July 6, 2021
Citation: 2021 MT 161
Docket Number: DA 20-0362

Justia Opinion Summary: In this dispute regarding a $10.5 million loan from Comerica Bank to Masters Group International, Inc. and Masters' eventually default on that loan, the Supreme Court reversed the June 12, 2020 decision and order on atto...

M. Ilk v. State
Date: July 6, 2021
Citation: 2021 MT 166N
Docket Number: DA 20-0384
Kruger v. Kruger
Date: July 6, 2021
Citation: 2021 MT 168N
Docket Number: DA 20-0519
State v. Lodahl  
Date: June 29, 2021
Citation: 2021 MT 156
Docket Number: DA 19-0406

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court sentencing Plaintiff to pay restitution to the Montana State Fund (MSF) for benefits it paid to a sergeant from the Gallatin County...

State v. Bailey  
Date: June 29, 2021
Citation: 2021 MT 157
Docket Number: DA 20-0188

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's jury conviction for driving with a blood alcohol concentration exceeding the legal limit, holding that Defendant was denied his confrontati...

Boyne USA, Inc. v. Department of Revenue  
Date: June 29, 2021
Citation: 2021 MT 155
Docket Number: DA 20-0319

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court holding that the "resort service fee" that Boyne USA, Inc. charges guests is not subject to Montana's lodging facilities use tax and forfeited guests deposits...

Williams v. Stillwater Board of County Commissioners  
Date: June 29, 2021
Citation: 2021 MT 159
Docket Number: DA 20-0369

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the Stillwater Board of County Commissioners to abandon a portion of Eerie Drive, holding that the district court did not err in conclu...

Estate of Scheidecker v. Montana Department of Public Health & Human Services  
Date: June 29, 2021
Citation: 2021 MT 158
Docket Number: DA 20-0534

Justia Opinion Summary: The Supreme Court reversed an order of the district court affirming an administrative law judge's proposed order that trust principal consisting of a jointly owned home constituted a countable asset for the purpose of th...

Matter of G.C. and A.C., YINC
Date: June 29, 2021
Citation: 2021 MT 160N
Docket Number: DA 20-0574
State v. C. Hamlin
Date: June 22, 2021
Citation: 2021 MT 154N
Docket Number: DA 19-0423
State v. Staker  
Date: June 22, 2021
Citation: 2021 MT 151
Docket Number: DA 19-0731

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to suppress his text message conversation with an undercover federal agent and to dismiss the charge of patronizing prostitution, h...

State v. T. Staker (Synopsis)
Date: June 22, 2021
Citation: 2021 MT 151
Docket Number: DA 19-0731
Peterson v. State
Date: June 22, 2021
Citation: 2021 MT 153N
Docket Number: DA 20-0132
Phipps v. Old Republic National Title Insurance Co.  
Date: June 22, 2021
Citation: 2021 MT 152
Docket Number: DA 20-0257

Justia Opinion Summary: In this property dispute, the Supreme Court affirmed the summary judgment order entered by the district court in favor of Old Public National Title Insurance Company and Security Title and Abstract Company (collectively,...

Matter of J.S.
Date: June 15, 2021
Citation: 2021 MT 150N
Docket Number: DA 19-0075
Brown v. Gianforte  
Date: June 10, 2021
Citation: 2021 MT 149
Docket Number: OP 21-0125

Justia Opinion Summary: In this original proceeding, the Supreme Court granted the petition for writ and assumed original jurisdiction over Petitioners' constitutional challenge and then held that Senate Bill 140 (SB 140 does not violate Mont....

B. Brown v. G. Gianforte (Synopsis)
Date: June 10, 2021
Citation: 2021 MT 149
Docket Number: OP 21-0125
State v. W. Smith (Synopsis)
Date: June 8, 2021
Citation: 2021 MT 148
Docket Number: DA 18-0187
State v. Smith  
Date: June 8, 2021
Citation: 2021 MT 148
Docket Number: DA 18-0187

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of the sexual abuse of a nine-year-old girl and upheld the constitutionality of his sentence requiring lifetime GPS monitoring, holding that there was no reversible error...

Matter of W.R.
Date: June 8, 2021
Citation: 2021 MT 141N
Docket Number: DA 19-0119
Plaintiff v. Defendant
Date: June 8, 2021
Citation: 2021 MT 142N
Docket Number: DA 19-0408
Kaarma v. State
Date: June 8, 2021
Citation: 2021 MT 143N
Docket Number: DA 19-0487
State v. G. Smith
Date: June 8, 2021
Citation: 2021 MT 147N
Docket Number: DA 19-0719
State v. J. Longtine
Date: June 8, 2021
Citation: 2021 MT 145N
Docket Number: DA 20-0033
Simpson v. Musselshell BOCC
Date: June 8, 2021
Citation: 2021 MT 144N
Docket Number: DA 20-0232
Matter of T.A.K.A., YINC
Date: June 8, 2021
Citation: 2021 MT 140N
Docket Number: DA 20-0473
S. Jorgensen v. Crazy Carls
Date: June 8, 2021
Citation: 2021 MT 146N
Docket Number: DA 20-0504
State v. J. Larson
Date: June 1, 2021
Citation: 2021 MT 138N
Docket Number: DA 18-0562
State v. M. Mejia
Date: June 1, 2021
Citation: 2021 MT 136N
Docket Number: DA 19-0527
In the Matter of S.C.J.
Date: June 1, 2021
Citation: 2021 MT 139N
Docket Number: DA 20-0450
Shurtz v. Dalton Grove
Date: June 1, 2021
Citation: 2021 MT 137N
Docket Number: DA 20-0507
Wiegand v. State of MT OPD
Date: June 1, 2021
Citation: 2021 MT 135N
Docket Number: DA 20-0565
State v. D. Youmans
Date: May 25, 2021
Citation: 2021 MT 134N
Docket Number: DA 18-0335
Animals of Montana, Inc. v. State, Department of Fish, Wildlife, & Parks  
Date: May 25, 2021
Citation: 2021 MT 130
Docket Number: DA 20-0065

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the order of the Department of Fish, Wildlife, and Parks (PWF) revoking Animals of Montana, Inc.'s (AMI) roadside menagerie permit, holding that the di...

Plaintiff v. Defendant
Date: May 25, 2021
Citation: 2021 MT 133N
Docket Number: DA 20-0150
Brishka v. Department of Transportation  
Date: May 25, 2021
Citation: 2021 MT 129
Docket Number: DA 20-0356

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of the Montana Department of Transportation (MDT) on Alexander and Ilma Brishkas' claims of inverse condemnation, negligence,...

All Star Painting v. D. Jones
Date: May 25, 2021
Citation: 2021 MT 131N
Docket Number: DA 20-0359
Pariser v. Shriar
Date: May 25, 2021
Citation: 2021 MT 132N
Docket Number: DA 20-0373
State v. Butler  
Date: May 18, 2021
Citation: 2021 MT 124
Docket Number: DA 19-0317

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant's motion to dismiss the count of negligent vehicular assault, a misdemeanor, holding that the district court erred in failing to dismiss the ne...

State v. Brasda  
Date: May 18, 2021
Citation: 2021 MT 121
Docket Number: DA 19-0326

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of felony possession of dangerous drug (methamphetamine), holding that the district court did not err by prohibiting Defendant's examinat...

Missoula v. Mountain Water Co.  
Date: May 18, 2021
Citation: 2021 MT 122
Docket Number: DA 20-0115

Justia Opinion Summary: The Supreme Court reversed an order issued by the district court denying a motion for substitution of judge that was made after the Supreme Court reversed the summary judgment order of the district court and remanded the...

Reinlasoder v. Colstrip
Date: May 18, 2021
Citation: 2021 MT 127N
Docket Number: DA 20-0312
Walden v. Yellowstone Electric Co.  
Date: May 18, 2021
Citation: 2021 MT 123
Docket Number: DA 20-0462

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Bob Walden and Sylvan Walden on their negligence suit against Yellowstone Electric Company (YECO), holding that the dist...

Matter of R.L.L. & U.R.L., YINC
Date: May 18, 2021
Citation: 2021 MT 125N
Docket Number: DA 20-0509
Matter of G.H., YINC
Date: May 18, 2021
Citation: 2021 MT 126N
Docket Number: DA 20-0520
McLaughlin v. Montana Legislature  
Date: May 12, 2021
Citation: 2017 MT 26
Docket Number: DA 16-0164

Justia Opinion Summary: In this original proceeding, the Supreme Court ordered that the motion filed by the Montana State Legislature "for the immediate disqualification of all Justices" of the Montana Supreme Court be denied, holding that the...

State v. N. Connor
Date: May 11, 2021
Citation: 2021 MT 117N
Docket Number: DA 19-0646
Hartshorne v. Whitefish  
Date: May 11, 2021
Citation: 2021 MT 116
Docket Number: DA 20-0328

Justia Opinion Summary: The Supreme Court affirmed the ruling of the district court that Whitefish City did not engage in illegal spot zoning and reversed the district court's ruling that Whitefish City Ordinance 18-23, which specified addition...

Marriage of Krantz
Date: May 11, 2021
Citation: 2021 MT 119N
Docket Number: DA 20-0363
Aiking-Taylor v. Serang
Date: May 11, 2021
Citation: 2021 MT 118N
Docket Number: DA 20-0416
State v. S. Carpenter, a/k/a Skinner
Date: May 4, 2021
Citation: 2021 MT 110N
Docket Number: DA 18-0696
State v. V. Parker
Date: May 4, 2021
Citation: 2021 MT 108N
Docket Number: DA 19-0065
State v. Wells  
Date: May 4, 2021
Citation: 2021 MT 103
Docket Number: DA 19-0288

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol, holding that there was no error in the proceedings below. Specifically, the Supreme Court held (1) the district court did not...

State v. Newrobe  
Date: May 4, 2021
Citation: 2021 MT 105
Docket Number: DA 19-0369

Justia Opinion Summary: The Supreme Court dismissed Defendant's conviction, entered after a second trial, for sexual intercourse without consent and bail jumping, holding that the district court abused its discretion in declaring and mistrial a...

State v. Denny  
Date: May 4, 2021
Citation: 2021 MT 104
Docket Number: DA 19-0586

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of felony theft by possession of stolen property and four misdemeanor, holding that Defendant was not entitled to relief on any of his cl...

State v. M. Long
Date: May 4, 2021
Citation: 2021 MT 114N
Docket Number: DA 19-0630
State v. C. Burkett
Date: May 4, 2021
Citation: 2021 MT 112N
Docket Number: DA 19-0676
Matter of C.B., YINC
Date: May 4, 2021
Citation: 2021 MT 109N
Docket Number: DA 20-0253
Hardin v. Aceves
Date: May 4, 2021
Citation: 2021 MT 113N
Docket Number: DA 20-0273
City of Great Falls v. Polich
Date: May 4, 2021
Citation: 2021 MT 111N
Docket Number: DA 20-0326
Bolton v. Butte Silver Bow Public Works
Date: May 4, 2021
Citation: 2021 MT 107N
Docket Number: DA 20-0437
Estate of Brager v. Weinberger
Date: May 4, 2021
Citation: 2021 MT 106N
Docket Number: DA 20-0515
T. Koop v. State
Date: April 27, 2021
Citation: 2021 MT 102N
Docket Number: DA 18-0666
Commissioner of Political Practices v. Republican Party  
Date: April 27, 2021
Citation: 2021 MT 99
Docket Number: DA 20-0294

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of the Montana Republican Party and denying the motion for summary judgment filed by the Commissioner of Political Practices (...

Hummert v. Christison
Date: April 27, 2021
Citation: 2021 MT 101N
Docket Number: DA 20-0377
Heringer v. Barnegat Development Group, LLC  
Date: April 27, 2021
Citation: 2021 MT 100
Docket Number: DA 20-0512

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this action for breach of contract and declaratory judgment and declining to award attorney fees to either party, holding that the district court d...

State v. Lamoureux  
Date: April 20, 2021
Citation: 2021 MT 94
Docket Number: DA 18-0639

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for three felony counts of privacy in communications, in violation of Mont. Code Ann. 45-8-213(1)(a), holding that there were no prejudicial errors in the proceedings be...

State v. F. Maciel
Date: April 20, 2021
Citation: 2021 MT 96N
Docket Number: DA 19-0062
B. Smith v. State
Date: April 20, 2021
Citation: 2021 MT 98N
Docket Number: DA 20-0102
Fennessy v. Knight
Date: April 20, 2021
Citation: 2021 MT 95N
Docket Number: DA 20-0180
Smith v. Sheehy
Date: April 20, 2021
Citation: 2021 MT 97N
Docket Number: DA 20-0442
State v. J. Webb, Jr.
Date: April 13, 2021
Citation: 2021 MT 88N
Docket Number: DA 19-0289
State v. D. Weisbarth
Date: April 13, 2021
Citation: 2021 MT 92N
Docket Number: DA 19-0346
City of Missoula v. A. Starr
Date: April 13, 2021
Citation: 2021 MT 90N
Docket Number: DA 19-0413
Estate of Frazier v. Miller  
Date: April 13, 2021
Citation: 2021 MT 85
Docket Number: DA 20-0031

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Erik Miller was justified when he used deadly force against Nicholas Tyson Frazier, holding that the district court did not err or abuse its d...

Marriage of Persoma
Date: April 13, 2021
Citation: 2021 MT 89N
Docket Number: DA 20-0277
VanBuskirk v. Gehlen  
Date: April 13, 2021
Citation: 2021 MT 87
Docket Number: DA 20-0336

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's judgment compelling Plaintiffs to survey a roadway easement adjudicated by a previous declaratory judgment in 2016 and denying their motion for...

In re Guardianship of J.S.M.  
Date: April 13, 2021
Citation: 2021 MT 86
Docket Number: DA 20-0402

Justia Opinion Summary: The Supreme Court affirmed the order of the district court awarding temporary guardianship of Carol Merideth's two stepchildren to their maternal grandparents, Diana and Kenneth Merideth, holding that the district court...

Guardianship of G.R.M.
Date: April 13, 2021
Citation: 2021 MT 91N
Docket Number: DA 20-0403
State v. Nelson  
Date: April 6, 2021
Citation: 2021 MT 83
Docket Number: DA 19-0489

Justia Opinion Summary: The Supreme Court reversed the orders of the district court lifting its stay of execution of Defendant's sentence during his appeal and re-imposing the sentence, holding that the district court lacked the authority to im...

Matter of J.E.S. and K.N.S., YINC
Date: April 6, 2021
Citation: 2021 MT 84N
Docket Number: DA 20-0323
State v. J. Fishbaugh
Date: March 30, 2021
Citation: 2021 MT 78N
Docket Number: DA 19-0149
State v. J. Finley
Date: March 30, 2021
Citation: 2021 MT 80N
Docket Number: DA 19-0202
City of Billings v. J. Norris-Ostermiller
Date: March 30, 2021
Citation: 2021 MT 77N
Docket Number: DA 19-0260
State v. Doubek  
Date: March 30, 2021
Citation: 2021 MT 76
Docket Number: DA 19-0320

Justia Opinion Summary: The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal possession of dangerous drugs (CPDD) and criminal possession of drug paraphernalia (CPDP), holding that the district court...

Beavers v. State
Date: March 30, 2021
Citation: 2021 MT 81N
Docket Number: DA 19-0583
Public Land & Water Access Ass'n v. Robbins  
Date: March 30, 2021
Citation: 2021 MT 75
Docket Number: DA 20-0145

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that a Fergus County road was private because Public Land/Water Access Association, Inc. (PLWA) had not proven the existence of a public road by pr...

Buckley v. Western Community Mental Health Center  
Date: March 30, 2021
Citation: 2021 MT 82
Docket Number: DA 20-0372

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Western Montana Community Health Center (WMMHC) and dismissing Plaintiff's claim brought under the Wrongful Discharge from...

Moore v. Frost  
Date: March 30, 2021
Citation: 2021 MT 74
Docket Number: DA 20-0439

Justia Opinion Summary: The Supreme Court affirmed the post-judgment motions issued by the district court denying Plaintiff's Mont. R. Crim. P. 60(b) motion for relief and Mont. R. Civ. P. 62.1 motion for an indicative ruling, holding that the...

Shelter Valley v. Russell
Date: March 30, 2021
Citation: 2021 MT 79N
Docket Number: DA 20-0448
Dannels v. BNSF  
Date: March 23, 2021
Citation: 2021 MT 71
Docket Number: DA 19-0343

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying BNSF Railway Company summary judgment and entering final judgment in favor of Robert Dannels, holding that the Federal Employers' Liability Act (FELA)...

Marriage of Heenan & Wallace
Date: March 23, 2021
Citation: 2021 MT 73N
Docket Number: DA 20-0333
Shepherd v. State  
Date: March 23, 2021
Citation: 2021 MT 70
Docket Number: DA 20-0376

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Plaintiff's claim brought under the Wrongful Discharge from Employment Act (WDEA) as time-barred, holding that the district court erred by granting su...

Lesage v. Twentieth Judicial District Court  
Date: March 23, 2021
Citation: 2021 MT 72
Docket Number: OP 21-0033

Justia Opinion Summary: The Supreme Court denied Petitioner's petition for writ of supervisory control reversing an order of the Montana Twentieth Judicial District Court denying Petitioner's motion to substitute the presiding judge, the Honora...

State v. Rodriguez  
Date: March 16, 2021
Citation: 2021 MT 65
Docket Number: DA 18-0328

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for sexual intercourse without consent (SIWOC) and his sentence of seventy-five years' imprisonment, with twenty-five years suspended, holding that Defendant was not enti...

Kaul v. State Farm Mutual Automobile Insurance Co.  
Date: March 16, 2021
Citation: 2021 MT 67
Docket Number: DA 20-0052

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment in favor of State Farm Mutual Automobile Insurance Company in this insurance dispute, holding that the coverage for damage to Plaint...

Debuff v. Montana Department of Natural Resources & Conservation  
Date: March 16, 2021
Citation: 2021 MT 68
Docket Number: DA 20-0071

Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the order of the Montana Water Court reversing the order of the Montana Department of Natural Resources and Conservation (DNRC) denying Daniel and Sandra DeBuff's a...

Marriage of Myers
Date: March 16, 2021
Citation: 2021 MT 69N
Docket Number: DA 20-0308
In re D.D.  
Date: March 16, 2021
Citation: 2021 MT 66
Docket Number: DA 20-0347

Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Father's parental rights and granting permanent legal custody, holding that the court's failure to obtain written confirmation of Child's enrollment...

State v. Q. Sederdahl
Date: March 9, 2021
Citation: 2021 MT 63N
Docket Number: DA 18-0393
D. Nelson v. State
Date: March 9, 2021
Citation: 2021 MT 61N
Docket Number: DA 19-0057
Matter of A.O.
Date: March 9, 2021
Citation: 2021 MT 58N
Docket Number: DA 19-0141
State v. D. Collins
Date: March 9, 2021
Citation: 2021 MT 59N
Docket Number: DA 19-0643
Nickerson v. State
Date: March 9, 2021
Citation: 2021 MT 64N
Docket Number: DA 20-0129
LaTray v. State
Date: March 9, 2021
Citation: 2021 MT 62N
Docket Number: DA 20-0131
State v. R. Salaman-Garcia
Date: March 9, 2021
Citation: 2021 MT 60N
Docket Number: DA 20-0161
Matter of S.P., YINC
Date: March 9, 2021
Citation: 2021 MT 57N
Docket Number: DA 20-0314
Matter of K.L.N.  
Date: March 9, 2021
Citation: 2021 MT 56
Docket Number: DA 20-0315

Justia Opinion Summary: The Supreme Court affirmed the termination of Mother's parental rights to her child, holding that the district court did not err in terminating Mother's parental rights under state and federal law. In terminating Mother...

State v. J.W.K.
Date: March 2, 2021
Citation: 2021 MT 53N
Docket Number: DA 18-0665
Marriage of Simonsen
Date: March 2, 2021
Citation: 2021 MT 55N
Docket Number: DA 20-0070
Gruba v. PSC
Date: March 2, 2021
Citation: 2021 MT 54N
Docket Number: DA 20-0313
House v. U.S. Bank National Ass'n  
Date: February 23, 2021
Citation: 2021 MT 45
Docket Number: DA 19-0621

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting various mortgage lenders and trustees summary judgment on Plaintiff's claims for negligence and breach of the implied covenant of good faith and fair...

C. Wagner v. State
Date: February 23, 2021
Citation: 2021 MT 50N
Docket Number: DA 19-0729
Marriage of Dietrich and Godbe
Date: February 23, 2021
Citation: 2021 MT 49N
Docket Number: DA 20-0098
State v. B. Bliss
Date: February 23, 2021
Citation: 2021 MT 52N
Docket Number: DA 20-0205
ALPS Property & Casualty Insurance Co. v. Keller  
Date: February 23, 2021
Citation: 2021 MT 46
Docket Number: DA 20-0238

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of ALPS Property & Casualty Insurance Company and declaring that ALPS owed no duty to defend or indemnify Defendants in a malp...

In re J.S.L.  
Date: February 23, 2021
Citation: 2021 MT 47
Docket Number: DA 20-0254

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing pending abuse and neglect proceedings and placing Mother's two children with Father, their non-custodial parent, holding that the district court did n...

E. Zabrocki v. Teacher Retirement Sys.
Date: February 23, 2021
Citation: 2021 MT 48N
Docket Number: DA 20-0353
Marriage of Jamieson and Pursell
Date: February 23, 2021
Citation: 2021 MT 51N
Docket Number: DA 20-0441
Clark Fork Coalition v. DNRC (Synopsis)
Date: February 17, 2021
Citation: 2021 MT 44
Docket Number: DA 19-0484
Clark Fork Coalition v. Montana Department of Natural Resources & Conservation  
Date: February 17, 2021
Citation: 2021 MT 44
Docket Number: DA 19-0484

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court reversing a Department of Natural Resources and Conservation (DNRC) contested case decision granting RC Resources, Inc. (RCR) a beneficial water use permit un...

State v. T. Deutsch, Sr.
Date: February 16, 2021
Citation: 2021 MT 41N
Docket Number: DA 18-0116
State v. R. Woody
Date: February 16, 2021
Citation: 2021 MT 38N
Docket Number: DA 18-0305
State v. Schulz
Date: February 16, 2021
Citation: 2021 MT 43N
Docket Number: DA 19-0134
State v. C. Kirkland
Date: February 16, 2021
Citation: 2021 MT 39N
Docket Number: DA 19-0555
Wenger v. State Farm Mutual Automobile Insurance Co.  
Date: February 16, 2021
Citation: 2021 MT 37
Docket Number: DA 20-0067

Justia Opinion Summary: The Supreme Court affirmed the jury's verdict that Travis Elbert was not negligent when he struck Diane Wenger with his vehicle as she was crossing Main Street in East Helena after dark, holding that the district court d...

B. Smith v. K. Green
Date: February 16, 2021
Citation: 2021 MT 42N
Docket Number: DA 20-0288
Estate of Cooper
Date: February 16, 2021
Citation: 2021 MT 40N
Docket Number: DA 20-0352
State v. K. Tolliver
Date: February 9, 2021
Citation: 2021 MT 34N
Docket Number: DA 19-0322
State v. B. Robertson
Date: February 9, 2021
Citation: 2021 MT 36N
Docket Number: DA 19-0342
State v. Wilkes  
Date: February 9, 2021
Citation: 2021 MT 27
Docket Number: DA 19-0367

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court sentencing Defendant to a net five-year suspended term of commitment to the Montana Department of Corrections and a $15,000 fine...

State v. K. Strecker
Date: February 9, 2021
Citation: 2021 MT 29N
Docket Number: DA 19-0511
State v. T. Price
Date: February 9, 2021
Citation: 2021 MT 33N
Docket Number: DA 19-0526
Cascade Co. v. Montana Petroleum Tank Release Compensation Board  
Date: February 9, 2021
Citation: 2021 MT 28
Docket Number: DA 19-0673

Justia Opinion Summary: In this dispute between Cascade County and the Montana Petroleum Tank Release Compensation Board regarding reimbursement for the cost of remediating petroleum contamination at the County's shop complex the Supreme Court...

Parenting of A.H., Haerr v. Whelahan
Date: February 9, 2021
Citation: 2021 MT 35N
Docket Number: DA 20-0103
Fitzpatrick v. Trail Creek
Date: February 9, 2021
Citation: 2021 MT 32N
Docket Number: DA 20-0237
Matter of A.J.S., YINC
Date: February 9, 2021
Citation: 2021 MT 31N
Docket Number: DA 20-0370
Matter of N.M. S-H., YINC
Date: February 9, 2021
Citation: 2021 MT 30N
Docket Number: DA 20-0371
Montana State University-Northern v. Bachmeier  
Date: February 3, 2021
Citation: 2021 MT 26
Docket Number: DA 19-0692

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the district court upholding a hearing officer's conclusion that Montana State University-North (MSU-N) retaliated against Dr. Randy Bachmeier for r...

State v. Krause  
Date: February 2, 2021
Citation: 2021 MT 24
Docket Number: DA 19-0042

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving under the influence of alcohol (DUI), fourth or subsequent offense, holding that the district court did not abuse its discretion in denying Defendant's motion...

State v. J. Marsh
Date: February 2, 2021
Citation: 2021 MT 23N
Docket Number: DA 19-0364
State v. Logue
Date: February 2, 2021
Citation: 2021 MT 22N
Docket Number: DA 19-0589
Mack v. Anderson  
Date: February 2, 2021
Citation: 2021 MT 25
Docket Number: DA 19-0678

Justia Opinion Summary: The Supreme Court affirmed the order of the Montana Water Court establishing the point of diversion for two claims owned by Carolyn Mack and Chriss Mack, holding that the Water Court did not err or abuse its discretion....

Marriage of Payne
Date: February 2, 2021
Citation: 2021 MT 20N
Docket Number: DA 20-0047
Matter of T.N.B., A.M.B., and S.M.B., YINC
Date: February 2, 2021
Citation: 2021 MT 21N
Docket Number: DA 20-0217
State v. Quinlan  
Date: January 27, 2021
Citation: 2021 MT 15
Docket Number: DA 19-0071

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of incest, holding that the district court did not err by precluding Defendant from introducing extrinsic evidence to challenge the victim's credibility. On appeal, Defe...

Matter of T.K., YINC
Date: January 27, 2021
Citation: 2021 MT 16N
Docket Number: DA 20-0160
State v. Mercier  
Date: January 26, 2021
Citation: 2021 MT 12
Docket Number: DA 18-0006

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant's convictions for deliberate homicide and tampering with physical evidence, holding that Defendant's constitutional right of confrontation was violated, r...

State v. L. Villa
Date: January 26, 2021
Citation: 2020 MT 17N
Docket Number: DA 18-0671
State v. J. Quinlan
Date: January 26, 2021
Citation: 2021 MT 15
Docket Number: DA 19-0071
Matter of Z.L., Youth
Date: January 26, 2021
Citation: 2021 MT 19N
Docket Number: DA 19-0606
State v. J. Harrison
Date: January 26, 2021
Citation: 2021 MT 18N
Docket Number: DA 20-0123
Matter of T.K., YINC
Date: January 26, 2021
Citation: 2021 MT 16N
Docket Number: DA 20-0160
Maffit v. City of Helena  
Date: January 26, 2021
Citation: 2021 MT 14
Docket Number: DA 20-0247

Justia Opinion Summary: The Supreme Court affirmed the district court's dismissal of the claim brought by the Montana Independent Living Project, Inc. (MILP) that the City of Helena retaliated against it when the City lowered the priority of MI...

State v. M. Collins
Date: January 19, 2021
Citation: 2021 MT 10N
Docket Number: DA 18-0685
State v. B. Rose
Date: January 19, 2021
Citation: 2021 MT 11N
Docket Number: DA 18-0702
Whitefish v. W. Klink III
Date: January 12, 2021
Citation: 2021 MT 9N
Docket Number: DA 19-0121
State v. Keefe  
Date: January 8, 2021
Citation: 2021 MT 8
Docket Number: DA 19-0368

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court resentencing Defendant to life without parole for three counts of deliberate homicide committed when he was a juvenile, holding that...

Matter of M.D.U-N., YINC
Date: January 6, 2021
Citation: 2021 MT 7N
Docket Numbers: DA 20-0198, DA 21-0006
State v. Felde  
Date: January 5, 2021
Citation: 2021 MT 1
Docket Number: DA 18-0395

Justia Opinion Summary: The Supreme Court affirmed Defendant's three convictions for sexual abuse of children (possession of child pornography), holding that Mont. Code Ann. 46-11-410(2)(a) does not prohibit multiple convictions for possession...

State v. T. Mahan
Date: January 5, 2021
Citation: 2021 MT 6N
Docket Number: DA 19-0026
City of Missoula v. Pope  
Date: January 5, 2021
Citation: 2021 MT 4
Docket Number: DA 19-0027

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the order of the City of Missoula Municipal Court denying Appellant's motion to dismiss a petition to revoke sentence, holding that the district cou...

Great Falls v. Martin
Date: January 5, 2021
Citation: 2021 MT 5N
Docket Number: DA 19-0604
In re D.A.D.  
Date: January 5, 2021
Citation: 2021 MT 2
Docket Number: DA 20-0147

Justia Opinion Summary: The Supreme Court affirmed the district court's findings of fact, conclusions of law, and order terminating Mother's parental rights to her three children, holding that Mother's attorney did not provide ineffective assis...

In re Dickey  
Date: January 5, 2021
Citation: 2021 MT 3
Docket Number: DA 20-0309

Justia Opinion Summary: The Supreme Court affirmed the order of the district court vacating its prior order to expunge Justin Dickey's misdemeanor records, holding that the Montana Rules of Civil Procedure apply to proceedings brought under the...

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