Montana Supreme Court Decisions 2021
Date: December 28, 2021
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…
Date: December 28, 2021
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…
Date: December 21, 2021
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…
Date: December 21, 2021
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…
Date: December 21, 2021
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…
Date: December 21, 2021
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…
Date: December 14, 2021
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…
Date: December 7, 2021
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…
Date: November 30, 2021
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…
Date: November 30, 2021
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…
Date: November 30, 2021
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,…
Date: November 23, 2021
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…
Date: November 23, 2021
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…
Date: November 23, 2021
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…
Date: November 23, 2021
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…
Date: November 16, 2021
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…
Date: November 16, 2021
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…
Date: November 16, 2021
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…
Date: November 9, 2021
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…
Date: November 9, 2021
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…
Date: November 9, 2021
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…
Date: November 9, 2021
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…
Date: November 9, 2021
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…
Date: November 3, 2021
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…
Date: November 2, 2021
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…
Date: November 2, 2021
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'…
Date: November 2, 2021
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…
Date: October 26, 2021
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…
Date: October 26, 2021
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…
Date: October 26, 2021
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…
Date: October 19, 2021
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…
Date: October 19, 2021
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…
Date: October 19, 2021
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…
Date: October 19, 2021
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…
Date: October 12, 2021
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…
Date: October 12, 2021
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…
Date: October 12, 2021
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…
Date: October 5, 2021
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…
Date: October 5, 2021
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,…
Date: October 5, 2021
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,…
Date: October 5, 2021
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…
Date: September 28, 2021
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…
Date: September 28, 2021
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…
Date: September 28, 2021
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…
Date: September 28, 2021
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…
Date: September 21, 2021
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…
Date: September 21, 2021
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…
Date: September 21, 2021
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…
Date: September 14, 2021
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,…
Date: September 14, 2021
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…
Date: September 14, 2021
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…
Date: September 14, 2021
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…
Date: September 14, 2021
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…
Date: September 7, 2021
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…
Date: September 7, 2021
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…
Date: August 31, 2021
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…
Date: August 17, 2021
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…
Date: August 17, 2021
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…
Date: August 10, 2021
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…
Date: August 10, 2021
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…
Date: August 10, 2021
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…
Date: August 3, 2021
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…
Date: August 3, 2021
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…
Date: August 3, 2021
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…
Date: August 3, 2021
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…
Date: August 3, 2021
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…
Date: August 3, 2021
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…
Date: July 27, 2021
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…
Date: July 20, 2021
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…
Date: July 20, 2021
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…
Date: July 14, 2021
Docket Numbers: DA 16-0164, OP 21-0173
Date: July 14, 2021
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…
Date: July 13, 2021
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…
Date: July 13, 2021
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…
Date: July 13, 2021
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…
Date: July 13, 2021
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…
Date: July 6, 2021
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…
Date: July 6, 2021
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…
Date: July 6, 2021
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…
Date: June 29, 2021
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…
Date: June 29, 2021
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…
Date: June 29, 2021
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…
Date: June 29, 2021
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…
Date: June 29, 2021
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…
Date: June 22, 2021
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,…
Date: June 22, 2021
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,…
Date: June 10, 2021
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.…
Date: June 8, 2021
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…
Date: May 25, 2021
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…
Date: May 25, 2021
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,…
Date: May 18, 2021
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…
Date: May 18, 2021
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…
Date: May 18, 2021
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…
Date: May 18, 2021
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…
Date: May 12, 2021
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…
Date: May 11, 2021
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…
Date: May 4, 2021
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…
Date: May 4, 2021
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…
Date: May 4, 2021
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…
Date: April 27, 2021
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…
Date: April 27, 2021
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…
Date: April 20, 2021
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…
Date: April 13, 2021
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…
Date: April 13, 2021
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…
Date: April 13, 2021
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…
Date: April 6, 2021
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…
Date: March 30, 2021
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…
Date: March 30, 2021
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…
Date: March 30, 2021
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…
Date: March 30, 2021
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…
Date: March 23, 2021
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)…
Date: March 23, 2021
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…
Date: March 23, 2021
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…
Date: March 16, 2021
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…
Date: March 16, 2021
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…
Date: March 16, 2021
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…
Date: March 16, 2021
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…
Date: March 9, 2021
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…
Date: February 23, 2021
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…
Date: February 23, 2021
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…
Date: February 23, 2021
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…
Date: February 17, 2021
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…
Date: February 16, 2021
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…
Date: February 9, 2021
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…
Date: February 9, 2021
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…
Date: February 3, 2021
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…
Date: February 2, 2021
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…
Date: February 2, 2021
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…
Date: January 27, 2021
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,…
Date: January 26, 2021
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,…
Date: January 26, 2021
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…
Date: January 8, 2021
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…
Date: January 5, 2021
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…
Date: January 5, 2021
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…
Date: January 5, 2021
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…
Date: January 5, 2021
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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