Montana Supreme Court Decisions 2024
Date: December 31, 2024
Citation: 2024 MT 318
Docket Number: DA 21-0260
Justia Opinion Summary: Danielle Wood was charged with deliberate homicide for the shooting death of Matthew LaFriniere. The State alleged that Wood purposely or knowingly caused LaFriniere's death by shooting him with a firearm. The case…
Date: December 31, 2024
Citation: 2024 MT 324N
Docket Number: DA 22-0543
Justia Opinion Summary: The defendant, Justin Guy Zeno Shawn Wolf Mason, was convicted of felony Partner and Family Member Assault (PFMA), misdemeanor Unlawful Restraint, and misdemeanor Resisting Arrest. He received a suspended five-year…
Date: December 31, 2024
Citation: 2024 MT 326N
Docket Number: DA 22-0607
Date: December 31, 2024
Citation: 2024 MT 319
Docket Number: DA 23-0312
Justia Opinion Summary: A disabled woman, T.M.B., was sexually assaulted by an employee of West Mont, a nonprofit organization contracted by the State of Montana to provide community-based services for developmentally disabled individuals.…
Date: December 31, 2024
Citation: 2024 MT 319
Docket Number: DA 23-0312
Date: December 31, 2024
Citation: 2024 MT 321
Docket Number: DA 23-0549
Justia Opinion Summary: The State of Montana charged Matthew Jason Welch with six counts of Deceptive Practices and four counts of Theft by Deception. Welch faced varying prison terms depending on the value of the property involved. On January…
Date: December 31, 2024
Citation: 2024 MT 322
Docket Number: DA 24-0026
Justia Opinion Summary: Appellees Gordon Tait and Michelle Janz plan to build a residence at the base of their property adjacent to Whitefish Lake. The proposed access to their home is a narrow dirt road that crosses both Appellees’ and…
Date: December 31, 2024
Citation: 2024 MT 323
Docket Number: DA 24-0233
Justia Opinion Summary: Flathead Properties, L.L.C. (Appellant) owned a tract of land along Flathead Lake that became an island during certain months due to rising water levels. In 2011, Appellant received a permit from the Flathead County…
Date: December 31, 2024
Citation: 2024 MT 320
Docket Number: OP 24-0061
Justia Opinion Summary: Donald Fleming filed a lawsuit against Caribou Creek Log Homes, Inc. and North Idaho Insulation, LLC, alleging that spray foam insulation installed by North Idaho Insulation caused significant structural damage to his…
Date: December 23, 2024
Citation: 2024 MT 315
Docket Number: DA 22-0088
Justia Opinion Summary: The case involves Lewis Leon Bryson, who was convicted of sexual intercourse without consent (SIWOC) following a jury trial. On May 2, 2020, Bryson's neighbor observed him spraying a naked and screaming Valerie Moreni…
Date: December 23, 2024
Citation: 2024 MT 316N
Docket Numbers: DA 22-0242, DA 22-0243, DA 22-0245, DA 22-0246, DA 22-0308
Date: December 23, 2024
Citation: 2024 MT 314
Docket Number: DA 23-0124
Justia Opinion Summary: Craig Baugh acquired a 20-acre tract of land in 1983 and another adjoining 20-acre tract in 1993, both located in a remote, forested area in Flathead County, Montana. In 2006, Baugh consolidated and subdivided the…
Date: December 18, 2024
Citation: 2024 MT 312
Docket Number: DA 23-0575
Justia Opinion Summary: A group of 16 youths sued the State of Montana, the Governor, and multiple state agencies, alleging that the State's actions exacerbated the harm they were experiencing from climate change. They sought declaratory and…
Date: December 18, 2024
Citation: 2024 MT 312
Docket Number: DA 23-0575
Date: December 18, 2024
Citation: 2024 MT 313
Docket Number: DA 24-0324
Justia Opinion Summary: In 2021, the Montana Legislature passed House Bill 407 (HB 407), which preempted local ordinances, resolutions, initiatives, or referendums regulating the use, sale, or taxation of certain containers, including…
Date: December 18, 2024
Citation: 2024 MT 313
Docket Number: DA 24-0324
Date: December 17, 2024
Citation: 2024 MT 304
Docket Number: DA 22-0199
Justia Opinion Summary: In January 2016, the State of Montana charged Lavodrick Terelle Hogues with felony aggravated promotion of prostitution involving a 17-year-old female, Jane Doe. The charge stemmed from an undercover operation where…
Date: December 17, 2024
Citation: 2024 MT 306
Docket Number: DA 22-0714
Justia Opinion Summary: Heather Rose Johnson was convicted of assault on a peace officer, driving under the influence, driving while suspended or revoked, and expired registration after a jury trial. The incident occurred on January 24, 2021,…
Date: December 17, 2024
Citation: 2024 MT 305
Docket Number: DA 23-0127
Justia Opinion Summary: Christopher Ledeau was charged with Burglary and Partner or Family Member Assault (PFMA) after breaking into his ex-girlfriend's home and threatening her. He pled guilty to the PFMA charge, and the burglary charge was…
Date: December 17, 2024
Citation: 2024 MT 309
Docket Number: DA 23-0339
Justia Opinion Summary: Tyrone Lee Risher began serving a five-year sentence with the Montana Department of Corrections (DOC) in May 2018. In October 2021, he was conditionally released to the Butte Prerelease Center (BPRC). On February 18,…
Date: December 17, 2024
Citation: 2024 MT 307
Docket Number: DA 24-0086
Justia Opinion Summary: Jill Brenden appealed an order from the Eighteenth Judicial District Court, Gallatin County, which denied her claims against the estate of her late husband, Robert Brenden. Jill sought reimbursement for expenses and…
Date: December 17, 2024
Citation: 2024 MT 308
Docket Number: DA 24-0139
Justia Opinion Summary: Yanbin Bao, a resident of South Carolina, was charged with seven counts of felony sex trafficking and one count of felony labor trafficking in Montana. Bao allegedly operated a prostitution ring out of a massage parlor…
Date: December 11, 2024
Citation: 2024 MT 303
Docket Number: DA 23-0572
Justia Opinion Summary: The Montana State Legislature passed Senate Bill 99 (SB 99) in 2023, which prohibits the use of medications and surgeries to treat gender dysphoria in minors. The bill aims to protect minors from receiving harmful,…
Date: December 11, 2024
Citation: 2024 MT 303
Docket Number: DA 23-0572
Date: December 10, 2024
Citation: 2024 MT 209
Docket Numbers: DA 21-0567, DA 23-0102
Date: December 10, 2024
Citation: 2024 MT 300
Docket Number: DA 23-0028
Justia Opinion Summary: Dustin Lee Seyler was arrested on January 27, 2022, for two counts of burglary and was held without a warrant. The Justice Court held an initial appearance the next day and set a preliminary hearing for February 7, 2022,…
Date: December 10, 2024
Citation: 2024 MT 302
Docket Number: DA 23-0145
Justia Opinion Summary: The City of Great Falls unilaterally revised its drug and alcohol policy in 2019, expanding the scope of employees subject to random testing and imposing stricter penalties without negotiating with the affected labor…
Date: December 10, 2024
Citation: 2024 MT 301
Docket Number: DA 23-0205
Justia Opinion Summary: Pablo Villalobos was arrested during a traffic stop for having two outstanding warrants and an expired license. During the arrest, he was found with a glass meth pipe, which he attempted to destroy. The residue on the…
Date: December 10, 2024
Citation: 2024 MT 293N
Docket Number: DA 23-0664
Date: December 3, 2024
Citation: 2024 MT 283
Docket Number: DA 22-0170
Justia Opinion Summary: Ned Gardner was charged with felony criminal endangerment and felony partner or family member assault in November 2020. The State of Montana did not file a notice to seek persistent felony offender (PFO) status at the…
Date: December 3, 2024
Citation: 2024 MT 291N
Docket Number: DA 22-0342
Justia Opinion Summary: Jeremy Christopher Holmquist was charged with failing to register as a sexual offender in Flathead County, Montana. The case proceeded to a jury trial on September 15 and 16, 2021. During the trial, Detective Buls…
Date: December 3, 2024
Citation: 2024 MT 286N
Docket Number: DA 22-0635
Justia Opinion Summary: Saul James Dooling was charged with felony theft and several misdemeanors after being apprehended following a high-speed chase in a stolen sedan in Ravalli County, Montana. The vehicle was initially stolen from Jerry’s…
Date: December 3, 2024
Citation: 2024 MT 289N
Docket Number: DA 22-0661
Justia Opinion Summary: Nancy Jeanne Cahoon was pulled over on September 3, 2021, for expired vehicle registration. She was unable to produce her license, registration, or insurance information and indicated her license might be suspended. The…
Date: December 3, 2024
Citation: 2024 MT 285N
Docket Number: DA 23-0085
Justia Opinion Summary: Craig Thomas Headdress appealed from the Fourth Judicial District Court, Missoula County’s order revoking his suspended sentence and imposing a three-year Department of Corrections (DOC) supervision. Headdress had pled…
Date: December 3, 2024
Citation: 2024 MT 288N
Docket Number: DA 23-0436
Justia Opinion Summary: Richard DuCharme and Jennifer Brick are the parents of two minor children, S.D. and B.D. Their dissolution began in 2017, and since then, Brick has repeatedly refused to honor court-ordered parenting time. In June 2023,…
Date: December 3, 2024
Citation: 2024 MT 292
Docket Number: DA 23-0669
Justia Opinion Summary: The City and County of Butte-Silver Bow, Montana (BSB) hired Rhonda Staton as a police officer in 2001, promoting her to detective in 2008. Staton received two verbal reprimands in 2017 and 2018 for tardiness and refusal…
Date: December 3, 2024
Citation: 2024 MT 284
Docket Number: DA 23-0689
Justia Opinion Summary: Lake County sought reimbursement from the State of Montana for costs incurred in enforcing state criminal jurisdiction on the Flathead Indian Reservation under Public Law 280 (P.L. 280). The County argued that the State…
Date: November 26, 2024
Citation: 2024 MT 277
Docket Number: DA 21-0581
Justia Opinion Summary: On January 1, 2019, Missoula police were surveilling suspected illegal drug activity outside a casino. Officers observed two vehicles, a Honda and a Volkswagen, leave the casino together and head to a nearby grocery…
Date: November 26, 2024
Citation: 2024 MT 276
Docket Number: DA 22-0403
Justia Opinion Summary: An employee of Lucky Lil’s Casino in Missoula, Montana, called 911 after failing to wake a man, McClellan, who was slumped over in the driver’s seat of a running vehicle. Officer Champa responded and, after waking…
Date: November 26, 2024
Citation: 2024 MT 279
Docket Number: DA 23-0636
Justia Opinion Summary: Bluebird Property Rentals, LLC, a Montana limited liability company, and its sole member, Alaina Garcia, received a $450,000 loan from World Business Lenders, LLC (WBL) and its subsidiaries in December 2020. The loan,…
Date: November 26, 2024
Citation: 2024 MT 278
Docket Number: DA 24-0032
Justia Opinion Summary: Adrianne Cotton filed a charge of discrimination against the Montana Department of Corrections (DOC), alleging retaliation for protected activity when her position was eliminated. Cotton had been employed by DOC since…
Date: November 26, 2024
Citation: 2024 MT 280N
Docket Numbers: DA 24-0142, DA 24-0143, DA 24-0141
Date: November 19, 2024
Citation: 2024 MT 271
Docket Number: DA 21-0565
Justia Opinion Summary: David Stanley was convicted in the Montana Eighteenth Judicial District Court, Gallatin County, for felony criminal possession of methamphetamine. Stanley appealed, arguing that the District Court erred in denying his…
Date: November 19, 2024
Citation: 2024 MT 274
Docket Number: DA 23-0571
Justia Opinion Summary: In 2018, Robert Spoklie purchased land neighboring the property of the Paul Phillip Bardos and Mary L. Bardos Revocable Trust (Bardos) near Kalispell, Montana. Spoklie divided his land into smaller parcels for…
Date: November 19, 2024
Citation: 2024 MT 273
Docket Number: DA 23-0632
Justia Opinion Summary: David Rodman Ash petitioned to dissolve his marriage with Bree Elliot in September 2022. The Eleventh Judicial District Court, Flathead County, issued a decree dissolving the marriage and dividing the marital property on…
Date: November 19, 2024
Citation: 2024 MT 272
Docket Number: DA 23-0712
Justia Opinion Summary: The case involves the Parrot Ditch Company (PDC) and its four water rights in the Jefferson River. PDC delivers water to its shareholders through the Parrot Ditch, which runs parallel to the Jefferson River in Basin 41G.…
Date: November 12, 2024
Citation: 2024 MT 264
Docket Number: DA 23-0504
Justia Opinion Summary: D.A. Davidson & Co. initiated an interpleader action to resolve a dispute over funds held in an investment account for Whitefish Masonic Lodge 64. The Grand Lodge of Ancient Free and Accepted Masons of Montana revoked…
Date: November 12, 2024
Citation: 2024 MT 270
Docket Number: DA 23-0560
Justia Opinion Summary: Laura Marie Obert, a former Broadwater County Commissioner, was investigated by the Montana Department of Justice Division of Criminal Investigation (DCI) in 2015 for allegedly receiving unlawful overtime pay and…
Date: November 12, 2024
Citation: 2024 MT 267N
Docket Number: DA 23-0647
Date: November 12, 2024
Citation: 2024 MT 266N
Docket Number: DA 24-0146
Date: November 6, 2024
Citation: 2024 MT 255
Docket Numbers: DA 22-0071, DA 22-0083
Justia Opinion Summary: Wes Lee Whitaker was convicted by a jury of sexual intercourse without consent (SIWC), incest, and sexual assault. The case involved allegations that Whitaker sexually abused his stepdaughter, L.M., who was a young child…
Date: November 6, 2024
Citation: 2024 MT 253
Docket Number: DA 22-0084
Justia Opinion Summary: In this case, Billy Lee Henderson appealed the denial of his petition for postconviction relief from his 2019 conviction for Aggravated Sexual Intercourse Without Consent (SIWC). The conviction stemmed from a series of…
Date: November 6, 2024
Citation: 2024 MT 254
Docket Number: DA 22-0664
Justia Opinion Summary: Tanya Twoteeth was convicted by a jury in the First Judicial District Court of Montana for Tampering with Witnesses and Informants. The case arose from an investigation into car thefts, where Tanya's daughter, Desirae,…
Date: November 6, 2024
Citation: 2024 MT 257
Docket Number: DA 23-0049
Justia Opinion Summary: The defendant, Jose Frank Patina, was found guilty of five counts of Assault with a Weapon after a three-day jury trial. During the trial, Patina raised concerns about not receiving full discovery and issues with his…
Date: November 6, 2024
Citation: 2024 MT 258N
Docket Number: DA 23-0283
Date: November 6, 2024
Citation: 2024 MT 256
Docket Number: DA 23-0512
Justia Opinion Summary: Richard Shreves, while incarcerated at the Montana State Prison, received medical care and subsequently filed a complaint against Dr. Paul Rees with the Board of Medical Examiners at the Montana Department of Labor and…
Date: October 29, 2024
Citation: 2024 MT 250
Docket Number: DA 22-0042
Justia Opinion Summary: Johnathan Bertsch was charged with two counts of deliberate homicide and two counts of attempted deliberate homicide after shooting at a vehicle, killing one person and injuring two others, and subsequently shooting a…
Date: October 29, 2024
Citation: 2024 MT 245
Docket Number: DA 22-0465
Justia Opinion Summary: The defendant, Michael Lee Marfuta, Jr., lived in a trailer park in Livingston, Montana, and worked there under an informal agreement. After the park was sold to a nonprofit corporation, Marfuta faced new employment…
Date: October 29, 2024
Citation: 2024 MT 247
Docket Number: DA 24-0025
Justia Opinion Summary: In 2019, Jesse Hubbell was hired to film a scuba-diving campaign advertisement. He and John Mues rented scuba gear from Gull Scuba Center. Gull’s instructor, Chris Hanson, asked for their diving certification cards. Mues…
Date: October 29, 2024
Citation: 2024 MT 249
Docket Number: DA 24-0033
Justia Opinion Summary: Jesse Beck died in a motorcycle accident in Carbon County, Montana. Four days before his death, Jesse sent his brother, Jason Beck, a phone video in which he expressed his wish to leave all his possessions to Jason,…
Date: October 29, 2024
Citation: 2024 MT 246
Docket Number: DA 24-0075
Justia Opinion Summary: Vernon K. Stensvad, the plaintiff, owns a small cattle herd and entered into a Grazing Lease Contract with Newman Ayers Ranch, Inc. in July 2022. The contract stipulated that Stensvad would graze his cattle on Ayers…
Date: October 29, 2024
Citation: 2024 MT 248
Docket Number: DA 24-0262
Justia Opinion Summary: David Polkow rented a residential home from Frank Kahl under a written lease agreement that transitioned to a month-to-month basis after its initial term. In 2022, they signed a new three-year lease. Frank later…
Date: October 22, 2024
Citation: 2024 MT 235
Docket Number: DA 23-0333
Justia Opinion Summary: Philadelphia Indemnity Insurance Company (Philadelphia), a Pennsylvania-based insurer, brought claims of malpractice, indemnity, and contribution against Martin O’Leary, Kimberly Forrester, and the Sedgwick LLP…
Date: October 22, 2024
Citation: 2024 MT 236
Docket Number: DA 23-0695
Justia Opinion Summary: On December 12, 2022, Joseph Benton Flynn was convicted of misdemeanor Driving Under the Influence (DUI) in Helena Municipal Court after pleading no contest. Prior to his plea, Flynn's motions to suppress evidence due to…
Date: October 22, 2024
Citation: 2024 MT 237
Docket Number: DA 23-0720
Justia Opinion Summary: Dr. Stephen D. Behlmer sought declaratory relief to establish his right to access his property in the Scratchgravel Hills via a road that crosses various parcels owned by multiple property owners within the Treasure…
Date: October 22, 2024
Citation: 2024 MT 238N
Docket Number: DA 24-0122
Date: October 22, 2024
Citation: 2024 MT 240N
Docket Number: DA 24-0209
Date: October 16, 2024
Citation: 2024 MT 234N
Docket Number: DA 23-0611
Date: October 15, 2024
Citation: 2024 MT 229
Docket Number: DA 23-0659
Justia Opinion Summary: Dennis Schaub and Louise Schaub were married in 1980, divorced in 2010, and reunited in 2014, establishing a common law marriage. They separated again in 2017, and Louise filed for dissolution in 2018. During their first…
Date: October 9, 2024
Citation: 2024 MT 228
Docket Number: DA 23-0287
Justia Opinion Summary: The case involves a challenge to two Montana laws, HB 544 and HB 862, and a rule adopted by the Montana Department of Public Health and Human Services (DPHHS) regarding Medicaid funding for abortions. The plaintiffs,…
Date: October 8, 2024
Citation: 2024 MT 226
Docket Number: DA 23-0041
Justia Opinion Summary: Benedict Dale Fredericks was involved in an altercation in the parking lot of the Bourbon Street Hotel in Billings, Montana, on January 25, 2022. Hotel clerk Marion Ackerman confronted Fredericks, suspecting him of…
Date: October 8, 2024
Citation: 2024 MT 223
Docket Number: DA 23-0682
Justia Opinion Summary: J.F.R., an 80-year-old individual diagnosed with cognitive impairments and dementia, lives with her daughter Stephanie in Montana. A dispute arose between Stephanie and J.F.R.'s other daughter, Jana, regarding J.F.R.'s…
Date: October 8, 2024
Citation: 2024 MT 225
Docket Number: DA 23-0735
Justia Opinion Summary: Christian Michael Smith was involved in a motorcycle accident on September 2, 2023, in Cascade County, Montana. Montana State Trooper Perry Woodland responded to the scene and found Smith injured and already being…
Date: October 8, 2024
Citation: 2024 MT 224
Docket Number: DA 24-0118
Justia Opinion Summary: Lena Johnson and her daughter, Katherine Grundhauser, died in a car accident in 2006. They co-owned a property in Butte, Montana, as joint tenants with the right of survivorship. Lena's estate was informally probated,…
Date: September 24, 2024
Citation: 2024 MT 215
Docket Number: DA 22-0305
Justia Opinion Summary: In November 2006, Lloyd Kvelstad was murdered at a house party in Havre, Montana. Evidence showed that James Main was involved in a physical altercation with Kvelstad, during which Main choked Kvelstad multiple times.…
Date: September 24, 2024
Citation: 2024 MT 214
Docket Numbers: DA 22-0719, DA 22-0724
Justia Opinion Summary: Jay Le Cleveland was approached by Polson police officers for a welfare check after a 911 caller reported him slumped over the steering wheel of his running car. Upon interaction, Cleveland explained he was fine but had…
Date: September 24, 2024
Citation: 2024 MT 217
Docket Number: DA 23-0030
Justia Opinion Summary: The plaintiffs, William and Ellen Solem, own property in Flathead County’s “Neighborhood 800.” In 2008, the Montana Department of Revenue (DOR) conducted a mass appraisal of lakefront properties in this neighborhood,…
Date: September 24, 2024
Citation: 2024 MT 216
Docket Number: DA 23-0692
Justia Opinion Summary: Miriam Penado sought a temporary order of protection for herself and her two minor children in Butte-Silver Bow County Justice Court against Daniel Hunter, the children's father. The Justice Court issued a temporary ex…
Date: September 17, 2024
Citation: 2024 MT 209
Docket Numbers: DA 21-0567, DA 23-0102
Justia Opinion Summary: Garrett Michael O’Howell was arrested following a traffic stop on May 4, 2020. Broadwater County Sheriff’s Deputy Tony Cordova observed a vehicle in a parking lot and found the behavior of its occupants suspicious. The…
Date: September 17, 2024
Citation: 2024 MT 211
Docket Number: DA 22-0572
Justia Opinion Summary: Ariel Jonae Powers was charged with arson in September 2020. In August 2021, her attorney informed the court that an evaluator found her unfit to proceed. The court ordered the evaluation to be filed under seal and…
Date: September 17, 2024
Citation: 2024 MT 210
Docket Number: DA 23-0495
Justia Opinion Summary: The City of Shelby operates a municipal water system in Toole County, Montana, supplying water to several service areas. In 2017, the Montana Department of Natural Resources and Conservation (DNRC) approved changes…
Date: September 17, 2024
Citation: 2024 MT 208
Docket Number: DA 24-0069
Justia Opinion Summary: A group of residents in the Whitehorse Estates Minor Subdivision filed a complaint against their neighbors, Joseph and Amanda Kleinhans, alleging that the Kleinhans violated the subdivision’s restrictive covenants by…
Date: September 17, 2024
Citation: 2024 MT 207
Docket Number: OP 24-0524
Justia Opinion Summary: The Montana Democratic Party (MDP) sought a writ of supervisory control over the First Judicial District Court, Lewis and Clark County, after the court dissolved a temporary restraining order and denied MDP’s request for…
Date: September 10, 2024
Citation: 2024 MT 202
Docket Number: DA 22-0134
Justia Opinion Summary: O.L.K. was admitted to Montana State Hospital in January 2022 following a disturbance at a mental health treatment center. The petition for involuntary commitment was based on an evaluation by Michale McLean, LCSW, which…
Date: September 10, 2024
Citation: 2024 MT 206N
Docket Numbers: DA 23-0016, DA 23-0015, DA 23-0014, DA 23-0013
Date: September 10, 2024
Citation: 2024 MT 204N
Docket Number: DA 23-0699
Justia Opinion Summary: This case involves a property dispute in Lincoln County, Montana. Tiffany House sought to sell a property initially conveyed to her former husband, Conrad Coggeshall, by an LLC owned by David E. Orr. After their divorce,…
Date: September 3, 2024
Citation: 2024 MT 199
Docket Number: DA 22-0550
Justia Opinion Summary: Joshua Allen Baldwin was arrested by Officer Daniel Beasley on July 22, 2021, at Lucky Lil’s Casino in Anaconda, Montana, for allegedly violating his pre-release conditions by being in a casino. Beasley confirmed with…
Date: September 3, 2024
Citation: 2024 MT 198
Docket Number: DA 23-0569
Justia Opinion Summary: Samuel J. Nelson appealed an order from the Eighteenth Judicial District Court, Gallatin County, which granted summary judgment in favor of Montana Rail Link, Inc. (MRL) and BNSF Railway Co. Nelson sought a prescriptive…
Date: September 3, 2024
Citation: 2024 MT 200
Docket Number: DA 24-0039
Justia Opinion Summary: The case involves Montanans Against Irresponsible Densification, LLC (MAID), which challenged two laws passed by the 2023 Montana Legislature aimed at addressing affordable housing. Senate Bill 323 (SB 323) mandates that…
Date: August 27, 2024
Citation: 2024 MT 184
Docket Number: DA 21-0614
Justia Opinion Summary: In April 2020, Christopher I. Toulouse was charged with multiple offenses, including misdemeanor partner or family member assault (PFMA), felony intimidation, felony stalking, and misdemeanor violation of a no-contact…
Date: August 27, 2024
Citation: 2024 MT 188
Docket Number: DA 22-0644
Justia Opinion Summary: Chris Landon Loberg was convicted of Criminal Possession of Dangerous Drugs after a guilty plea. He appealed a decision by the Tenth Judicial District Court, which denied his motion to suppress evidence found in his…
Date: August 27, 2024
Citation: 2024 MT 185
Docket Number: DA 23-0170
Justia Opinion Summary: Monty Clarence Petersen filed a complaint on January 27, 2020, alleging that Jennifer J. Simon, APRN, committed medical malpractice by prescribing Lovenox within 24 hours of his surgery on January 25, 2018, causing him…
Date: August 27, 2024
Citation: 2024 MT 187
Docket Number: DA 23-0416
Justia Opinion Summary: In May 2023, the State charged Samuel Wade Frydenlund with burglary, stalking, and partner or family member assault. Frydenlund intended to present a defense of mental disease or defect. Before trial, the court dismissed…
Date: August 27, 2024
Citation: 2024 MT 189
Docket Number: DA 23-0425
Justia Opinion Summary: Marcus Cook petitioned for a temporary order of protection against his former girlfriend, Kim Elizabeth Bodine, alleging that she had repeatedly trespassed on his property and stalked him despite his demands for no…
Date: August 27, 2024
Citation: 2024 MT 186
Docket Number: DA 23-0652
Justia Opinion Summary: In August 2020, Kimberly Strable, who was under 18, inquired about a managerial position at Arby’s in Great Falls but was told she could not apply due to her age. Strable filed an age discrimination claim with the…
Date: August 20, 2024
Citation: 2024 MT 180
Docket Number: DA 22-0414
Justia Opinion Summary: Andrew McCurdy entered a plea agreement in February 2022, pleading guilty to felony criminal mischief and agreeing to pay restitution. The District Court ordered a presentence investigation (PSI) report, which included…
Date: August 20, 2024
Citation: 2024 MT 179
Docket Number: DA 23-0291
Justia Opinion Summary: Wilfred L. Doll and Cheri L. Doll (Dolls) were members of Little Big Warm Ranch, LLC (LBWR), a business formed to manage water rights in Phillips County. Dolls negotiated a settlement with Finch/Dements for senior water…
Date: August 20, 2024
Citation: 2024 MT 182
Docket Number: DA 23-0382
Justia Opinion Summary: ACORN International sued the Montana Secretary of State, Christi Jacobsen, seeking records to justify the costs of accessing the Montana voter file and a declaratory judgment that the Secretary violated the "right to…
Date: August 20, 2024
Citation: 2024 MT 183N
Docket Number: DA 23-0426
Date: August 20, 2024
Citation: 2024 MT 181
Docket Numbers: DA 23-0548, DA 23-0524
Justia Opinion Summary: In 2021, the Montana Legislature amended the Opencut Mining Act to create "dryland" permits for mining projects that do not affect water sources and are located away from populated areas. LHC, Inc. applied for such a…
Date: August 14, 2024
Citation: 2024 MT 178
Docket Number: DA 23-0272
Justia Opinion Summary: The case involves a challenge to the Parental Consent for Abortion Act of 2013 (Consent Act) in Montana, which requires minors to obtain parental consent or a judicial waiver to have an abortion. The plaintiffs, Planned…
Date: August 14, 2024
Citation: 2024 MT 178
Docket Number: DA 23-0272
Date: August 13, 2024
Citation: 2024 MT 173
Docket Number: DA 22-0471
Justia Opinion Summary: In January 2013, Christopher Michael Kepler drove the wrong way on Interstate 90, causing a head-on collision that resulted in the death of Patricia Graves and injuries to her husband, Benjamin Graves. Kepler, who is…
Date: August 13, 2024
Citation: 2024 MT 175N
Docket Number: DA 23-0086
Justia Opinion Summary: James Edward Meuret II was sentenced to two years with the Department of Corrections, all time suspended, for criminal possession of dangerous drugs. Meuret appealed, arguing that his attorney at the District Court…
Date: August 13, 2024
Citation: 2024 MT 174
Docket Number: DA 23-0375
Justia Opinion Summary: Greg Phillips died on October 11, 2019, after receiving medical care from Dr. Anna Robbins at Logan Health. On April 22, 2021, Phillips' estate filed a medical malpractice claim with the Montana Medical Legal Panel…
Date: August 13, 2024
Citation: 2024 MT 176
Docket Number: DA 23-0384
Justia Opinion Summary: The case involves a dispute over a bridge constructed by John Dimar over the Clearwater River to provide better access to a subdivision where all parties reside. Dimar built the bridge at his own expense and later sought…
Date: August 13, 2024
Citation: 2024 MT 177N
Docket Number: DA 23-0491
Justia Opinion Summary: Frank Hallberg rented an apartment from Steve Schmitz in Helena. Schmitz sent Hallberg a 30-day notice to vacate, and upon inspecting the apartment on July 12, 2021, Schmitz found 20-30 holes in the walls. Schmitz took…
Date: August 6, 2024
Citation: 2024 MT 166
Docket Number: DA 22-0660
Justia Opinion Summary: In 2003, Joshua Duane Wolfblack was charged with burglary and theft in Flathead County, Montana. He pled guilty to felony theft, and the burglary charge was dismissed. He received a ten-year sentence with five years…
Date: August 6, 2024
Citation: 2024 MT 165
Docket Number: DA 23-0136
Justia Opinion Summary: Law enforcement responded to the defendant's home after his ex-girlfriend reported that he had threatened suicide during a phone call. The officers, aware of his history of alcohol abuse and mental health issues, entered…
Date: August 6, 2024
Citation: 2024 MT 170N
Docket Numbers: DA 23-0279, DA 23-0219
Date: August 6, 2024
Citation: 2024 MT 167
Docket Number: DA 23-0564
Justia Opinion Summary: Anthony Cordero, a student at Montana State University (MSU) during the Spring 2020 semester, sued MSU for prorated reimbursement of his tuition and fees after the university transitioned to online learning due to the…
Date: August 6, 2024
Citation: 2024 MT 169
Docket Number: DA 23-0613
Justia Opinion Summary: In August 2022, Cole Levine moved from New Mexico to Missoula, Montana, to attend law school. On August 18, 2022, a woman identified as M.H. was sexually assaulted in an alley. During the incident, the assailant took…
Date: August 6, 2024
Citation: 2024 MT 168
Docket Number: DA 23-0619
Justia Opinion Summary: A group of Bozeman residents challenged a zoning provision within the City’s Unified Development Code (UDC), claiming they were not given sufficient notice regarding the City’s consideration of an amendment. The…
Date: July 30, 2024
Citation: 2024 MT 157
Docket Number: DA 20-0604
Justia Opinion Summary: In October 2018, law enforcement responded to a motel room in Missoula, Montana, where they found Kaleb Williams injured and Megan McLaughlin and Jason Flink deceased, all having been shot. Preston Csoo Rossbach, along…
Date: July 30, 2024
Citation: 2024 MT 154
Docket Number: DA 22-0054
Justia Opinion Summary: In this case, the plaintiff, Shandor S. Badaruddin, was sanctioned by the Nineteenth Judicial District Court, Lincoln County, for his conduct as defense counsel in a criminal trial involving his client, Kip Hartman, who…
Date: July 30, 2024
Citation: 2024 MT 160
Docket Number: DA 22-0522
Justia Opinion Summary: Cody Joseph Vernon Flesch was arraigned on a charge of bail jumping in Yellowstone County District Court. During the hearing, the court was informed of an existing detention order from Powell County. Despite Flesch's…
Date: July 30, 2024
Citation: 2024 MT 155
Docket Number: DA 23-0224
Justia Opinion Summary: Dr. Thomas C. Weiner, an oncologist, had his medical staff membership and clinical privileges revoked by St. Peter’s Health (SPH) in 2020. Prior to this, Weiner had initiated litigation (Weiner I) against SPH, alleging…
Date: July 30, 2024
Citation: 2024 MT 156
Docket Number: DA 23-0290
Justia Opinion Summary: Robert Frisk owns property at 1196 Swan Hill Drive, Bigfork, Montana, and John and Lori Thomas own the neighboring property at 1194 Swan Hill Drive. The properties share a common driveway and a water well located on…
Date: July 30, 2024
Citation: 2024 MT 159
Docket Number: DA 23-0317
Justia Opinion Summary: The North Central Montana Regional Water Authority (the Authority) was created in 2000 through an interlocal agreement among several municipalities and county water and sewer districts. The Town of Kevin, a small…
Date: July 30, 2024
Citation: 2024 MT 162N
Docket Numbers: DA 23-0464, DA 23-0465
Date: July 30, 2024
Citation: 2024 MT 158
Docket Number: DA 23-0472
Justia Opinion Summary: The case involves a water rights dispute on Indian Creek in Madison County, Montana. William Fraser claimed a senior stock use water right in Indian Creek, which Bradley Livestock, LC contested. Fraser's claim is based…
Date: July 30, 2024
Citation: 2024 MT 161
Docket Number: OP 24-0188
Justia Opinion Summary: The case involves a dispute between Judge Kerry L. Burman, the Glendive City Judge, and Mayor Deb Dion of Glendive, Montana. Judge Burman petitioned for a writ of mandamus to reinstate Mary York to her position as Clerk…
Date: July 23, 2024
Citation: 2024 MT 153
Docket Number: DA 21-0500
Justia Opinion Summary: In the early morning of January 2, 2020, Whitefish Police responded to a report of a vehicle collision in an apartment complex parking lot. Witness Clint Slosson observed a truck hitting a parked car, and the driver,…
Date: July 23, 2024
Citation: 2024 MT 152
Docket Number: DA 21-0517
Justia Opinion Summary: Shane Clark Johnson was charged with deliberate homicide in 2013 for the death of his brother, Travis. The jury could not reach a verdict on deliberate homicide but convicted Johnson of negligent homicide with a…
Date: July 16, 2024
Citation: 2024 MT 147N
Docket Numbers: DA 21-0454, DA 21-0455, DA 21-0456
Justia Opinion Summary: Neil Lynn Nunes was charged with multiple felonies, including Failure to Give Notice of Change of Residence and Tampering with Witnesses or Informants, across three consolidated cases. The charges were filed between…
Date: July 16, 2024
Citation: 2024 MT 146
Docket Number: DA 23-0026
Justia Opinion Summary: On May 7, 2021, a citizen reported seeing a man, later identified as Thomas Wojtowicz, stumbling and crawling to his vehicle in a parking lot. Officer Haydon responded and found Thomas in the driver’s seat of a green…
Date: July 16, 2024
Citation: 2024 MT 148
Docket Number: DA 23-0574
Justia Opinion Summary: Jesse Rehbein and Danielle Buck are the natural parents of two children, L.M.A.R. and N.R.R. In January 2018, the Department of Child and Family Services removed the children from their care due to concerns including…
Date: July 16, 2024
Citation: 2024 MT 149N
Docket Number: DA 23-0611
Date: July 9, 2024
Citation: 2024 MT 142
Docket Number: DA 21-0512
Justia Opinion Summary: The case involves Clovis Christopher Geno, who was convicted of deliberate homicide. Geno appealed his conviction, arguing that the Montana Fifteenth Judicial District Court, Roosevelt County, erred in denying his motion…
Date: July 9, 2024
Citation: 2024 MT 143
Docket Number: DA 23-0215
Justia Opinion Summary: This case involves a class action lawsuit against Logan Health Medical Center ("Logan Health") following a significant data breach of its information technology systems. The breach, which occurred on November 22, 2021,…
Date: July 9, 2024
Citation: 2024 MT 145
Docket Number: DA 23-0408
Justia Opinion Summary: The case revolves around Candice Lea Davis, who was arrested for driving under the influence (DUI) after her vehicle was found high-centered on a rock berm. Davis had red and watery eyes, and the officer detected the…
Date: July 9, 2024
Citation: 2024 MT 144
Docket Number: DA 23-0473
Justia Opinion Summary: The case revolves around a dispute over child support payments. Jeffery Williams, a former OB/GYN physician, was ordered by the District Court to pay $944 per child per month after it found him to be voluntarily…
Date: July 2, 2024
Citation: 2024 MT 136
Docket Number: DA 21-0585
Justia Opinion Summary: The defendant, Charles Geoffrey Santoro, was convicted of negligent homicide after a retrial. The case stemmed from an incident at a bar where Santoro and another patron, Levi, had a confrontation. Santoro claimed that…
Date: July 2, 2024
Citation: 2024 MT 138
Docket Number: DA 22-0066
Justia Opinion Summary: The defendant, Sarah Taresu Olds, was charged with three misdemeanors, one of which was the offense of Habitual Offender Operating a Motor Vehicle. Olds proposed a jury instruction that the City was required to prove…
Date: July 2, 2024
Citation: 2024 MT 137
Docket Number: DA 23-0600
Justia Opinion Summary: The case involves a class action lawsuit brought by homeowners in the Falcon Ridge subdivision in Billings, Montana, against Buscher Construction and Development, Inc., and other related entities and individuals…
Date: June 25, 2024
Citation: 2024 MT 132
Docket Number: DA 21-0499
Justia Opinion Summary: Esandro Rodriguez was convicted by a jury of aggravated kidnapping, accountability for aggravated burglary, and two separate counts of accountability for assault with a weapon. The charges stemmed from an incident where…
Date: June 25, 2024
Citation: 2024 MT 133
Docket Number: DA 22-0238
Justia Opinion Summary: The case revolves around Joseph Brian McElroy, who was charged with criminal possession of dangerous drugs with intent to distribute, a felony. The charge stemmed from a traffic stop initiated by Trooper Adams for…
Date: June 25, 2024
Citation: 2024 MT 134
Docket Number: DA 23-0356
Justia Opinion Summary: The case involves Donald Aaron Hesser, who was charged with felony driving under the influence (DUI) after a motorcycle accident. Hesser was found unconscious at the scene and was taken to the hospital for treatment.…
Date: June 18, 2024
Citation: 2024 MT 129
Docket Number: DA 22-0475
Justia Opinion Summary: The case revolves around Neil Lanchantin, who was charged with felony DUI and four misdemeanor offenses after being pursued and arrested by a Montana Highway Patrol Trooper on private property. The property, where…
Date: June 11, 2024
Citation: 2024 MT 123
Docket Number: DA 22-0729
Justia Opinion Summary: The case revolves around a fire that caused significant damage to Jamie Norris's mobile home. Norris had called A&O Sheet Metal, a business owned by Rick L. Olsen, to fix a malfunctioning water heater and furnace in his…
Date: June 4, 2024
Citation: 2024 MT 119
Docket Number: DA 22-0577
Justia Opinion Summary: The case revolves around a dispute over a Major Land Use Permit issued to Susan Dietz, individually and as Trustee of G&M Trust (G&M), by Flathead County, Montana. G&M had purchased two adjacent 11.5-acre tracts on the…
Date: June 4, 2024
Citation: 2024 MT 118
Docket Number: DA 22-0609
Justia Opinion Summary: This case involves a dispute between the City of Great Falls and the Board of Commissioners of Cascade County, Montana, over the interpretation of a 1975 interlocal agreement that established a consolidated City-County…
Date: June 4, 2024
Citation: 2024 MT 121
Docket Number: DA 23-0198
Justia Opinion Summary: The case involves the Gardiner-Park County Water and Sewer District (District) and the Knight family (Knights). The Knights own a property in Gardiner, Montana, under which the District has a prescriptive easement for a…
Date: June 4, 2024
Citation: 2024 MT 120
Docket Number: DA 23-0387
Justia Opinion Summary: The case revolves around a dispute between Lori Lundeen, a property developer, and Lake County, Montana. Lundeen planned to develop a 60-lot subdivision, Wild Horse RV Resort, on her property in Lake County. She intended…
Date: June 4, 2024
Citation: 2024 MT 122N
Docket Number: DA 23-0537
Date: May 28, 2024
Citation: 2024 MT 109
Docket Number: DA 22-0131
Justia Opinion Summary: The case revolves around the defendant, Johnathan James, who was convicted of felony Driving Under the Influence (DUI) and Driving While Suspended. The charges stemmed from an incident where James was found asleep in his…
Date: May 28, 2024
Citation: 2024 MT 108
Docket Number: DA 22-0401
Justia Opinion Summary: Robert Michael Arellano was charged with multiple counts of sexual intercourse without consent, sexual abuse of children, and tampering with a witness, all involving a minor under 12 years of age. The State and Arellano…
Date: May 28, 2024
Citation: 2024 MT 113
Docket Number: DA 22-0451
Justia Opinion Summary: John David Panasuk was pulled over by Officer Riediger and Lieutenant Frank Martell for towing a trailer without trailer plates. After Panasuk was unable to initially provide his license, registration, and proof of…
Date: May 28, 2024
Citation: 2024 MT 114
Docket Number: DA 22-0476
Justia Opinion Summary: The case involves Neldia Marie Puccinelli, who was accused of embezzling funds from her employer, ProMark, between 2006 and 2009. After her employment was terminated, ProMark filed a civil suit against her, which was…
Date: May 28, 2024
Citation: 2024 MT 115
Docket Number: DA 23-0550
Justia Opinion Summary: The case revolves around a child, R.N., who was removed from his mother's care and placed in foster care with Ben and Charissa Wagner. The Wagners had previously adopted two of the mother's other children. The Department…
Date: May 28, 2024
Citation: 2024 MT 116
Docket Number: OP 24-0087
Justia Opinion Summary: The case involves Clark Ryan Ramsey, an attorney who represented Justin Kalina in a felony assault case. Jessica Foote, a witness in the assault case, was investigated for alleged theft from Kalina's Uber Eats account,…
Date: May 14, 2024
Citation: 2024 MT 99
Docket Number: DA 21-0571
Justia Opinion Summary: The case involves Jeffrey Allen Westfall, who pleaded guilty to attempted sexual assault and aggravated assault. The incident occurred at a motel in Lakeside, Montana, where Westfall assaulted a 69-year-old woman, F.C.,…
Date: May 14, 2024
Citation: 2024 MT 101
Docket Number: DA 21-0648
Justia Opinion Summary: The defendant, William Jerome Carnes, was arrested on suspicion of driving under the influence of alcohol or drugs. He was charged with felony DUI for a fourth or subsequent offense, misdemeanor resisting arrest, and…
Date: May 14, 2024
Citation: 2024 MT 100
Docket Number: DA 23-0294
Justia Opinion Summary: The case involves Creative Games Studio LLC and Ricardo Bach Cater, who sued Daniel Alves for alleged breach of contract, breach of the implied covenant of good faith and fair dealing, constructive fraud, and deceit. The…
Date: May 14, 2024
Citation: 2024 MT 103N
Docket Numbers: DA 23-0551, DA 23-0552
Date: May 14, 2024
Citation: 2024 MT 106N
Docket Number: DA 23-0700
Date: May 7, 2024
Citation: 2024 MT 98
Docket Number: DA 22-0427
Justia Opinion Summary: The case involves a dispute between Missoula County and the Montana Department of Corrections (DOC) over the reimbursement rate for housing DOC inmates in county detention centers. The County and the DOC had entered into…
Date: April 30, 2024
Citation: 2024 MT 87
Docket Number: DA 21-0086
Justia Opinion Summary: The case revolves around the defendant, Luke Strommen, who was charged with Sexual Intercourse Without Consent (SIWC) and Sexual Abuse of Children. The charges stemmed from allegations made by two women, one of whom…
Date: April 30, 2024
Citation: 2024 MT 90
Docket Number: Gustafson
Justia Opinion Summary: Shane Maggi, an inmate at Montana State Prison, was convicted of aggravated assault, assault with a weapon, and possession of a deadly weapon by a prisoner. The charges stemmed from an incident where Maggi and another…
Date: April 30, 2024
Citation: 2024 MT 89
Docket Number: DA 23-0289
Justia Opinion Summary: Phoenix Capital Group Holdings, LLC, an oil and gas mineral rights investment firm, acquired mineral interests on two sections of real property in Richland County, Montana. The previous owner, Katherine Solis, had been…
Date: April 30, 2024
Citation: 2024 MT 88
Docket Number: DA 23-0314
Justia Opinion Summary: The case revolves around a dispute between Debra and Sidney Schutter (the Schutters) and the State of Montana Board of Land Commissioners (the Board) over the ownership of a water right, identified as Claim 13169. The…
Date: April 30, 2024
Citation: 2024 MT 88
Docket Number: DA 23-0314
Date: April 26, 2024
Citation: 2024 MT 86
Docket Number: DA 22-0586
Justia Opinion Summary: A group of plaintiffs, including former members of the Montana Board of Regents, faculty organizations, student groups, and individual students, challenged the constitutionality of three bills passed by the Montana…
Date: April 23, 2024
Citation: 2024 MT 85N
Docket Number: DA 23-0359
Justia Opinion Summary: The case revolves around the petitioner, Tom Nichols, also known as Nikki, who is currently serving a prison sentence for sex crimes against children. Nikki, a transgender woman in the process of transitioning, filed a…
Date: April 16, 2024
Citation: 2024 MT 82
Docket Number: DA 23-0200
Justia Opinion Summary: This case involves a dispute between neighbors Matthew Olds and Mark Huelskamp, which escalated into an altercation on July 18, 2018. The details of the incident are contested, with Olds alleging that Huelskamp pointed a…
Date: April 9, 2024
Citation: 2024 MT 76
Docket Number: DA 21-0290
Justia Opinion Summary: The case revolves around Kyle Severson, who was convicted for mitigated deliberate homicide after shooting Tyler Hayden. Severson, his girlfriend, her sister, and his daughter were at a convenience store when Hayden and…
Date: April 9, 2024
Citation: 2024 MT 75
Docket Number: DA 22-0639
Justia Opinion Summary: The case involves a group of plaintiffs, including Forward Montana, Leo Gallagher, Montana Association of Criminal Defense Lawyers, and Gary Zadick, who challenged the constitutionality of two amendments to Senate Bill…
Date: April 9, 2024
Citation: 2024 MT 77N
Docket Numbers: DA 22-0698, DA 22-0697, DA 22-0696
Justia Opinion Summary: The case involves T.S. (Mother) and A.A. (Father) who appealed the termination of their parental rights to their minor children (D.A., L.A., and F.A.) by the Montana Second Judicial District Court. The Child and Family…
Date: April 2, 2024
Citation: 2024 MT 69
Docket Number: DA 23-0118
Justia Opinion Summary: The parties, Nancy M. Steward and Joseph H. Steward, were married in 2006 and divorced in 2020, with two minor children. The court adopted their Stipulated Parenting Plan (SPP), which included a child support…
Date: April 2, 2024
Citation: 2024 MT 68
Docket Number: DA 23-0246
Justia Opinion Summary: In this case, the Supreme Court of Montana reversed and remanded a decision of the Thirteenth Judicial District Court, Yellowstone County. The case involved Saddlebrook Investments (Saddlebrook), assignee of Stuart…
Date: April 1, 2024
Citation: 2024 MT 67
Docket Number: OP 24-0182
Justia Opinion Summary: The Supreme Court of the State of Montana ruled on a case involving a dispute over a proposed ballot initiative related to reproductive rights. In the case, Montanans Securing Reproductive Rights and Samuel Dickman, M.D.…
Date: March 27, 2024
Citation: 2024 MT 66
Docket Number: DA 22-0667
Date: March 27, 2024
Citation: 2024 MT 66
Docket Number: DA 22-0667
Justia Opinion Summary: This case concerns the constitutionality of several Montana election laws. The plaintiffs, a variety of political and human rights organizations, sued the Montana Secretary of State, arguing that certain election laws…
Date: March 26, 2024
Citation: 2024 MT 64N
Docket Number: DA 23-0253
Justia Opinion Summary: This case involves a dispute between members of Black Gold Enterprises, LLC, a company formed in 2013, including plaintiff Adam Pummill, plaintiff Kurtis Robertson, and defendant Joshua T. Patterson. The source of the…
Date: March 26, 2024
Citation: 2024 MT 65N
Docket Number: DA 23-0326
Justia Opinion Summary: The case revolves around Eric Boudette, who was convicted of Driving Under the Influence of Alcohol, First Offense, following a jury trial on May 31, 2022. Boudette appealed the verdict, asserting that his motion to…
Date: March 20, 2024
Citation: 2024 MT 63
Docket Number: DA 21-0413
Justia Opinion Summary: In Montana, Robert Murray Gibbons was found guilty of driving under the influence, his fifth or subsequent offense. On appeal to the Montana Supreme Court, Gibbons raised three issues. First, he argued that the District…
Date: March 19, 2024
Citation: 2024 MT 56
Docket Numbers: DA 19-0565, DA 22-0436, DA 22-0437
Justia Opinion Summary: In a case before the Supreme Court of the State of Montana, the Montana Environmental Information Center sued the Montana Department of Public Service Regulation, Public Service Commission, and Northwestern Corporation,…
Date: March 19, 2024
Citation: 2024 MT 58
Docket Number: DA 21-0574
Justia Opinion Summary: In this case, the defendant, Malinda Crazymule, was found to have violated her probation. The Sixteenth Judicial District Court, Rosebud County revoked her suspended sentence and ordered a four-year commitment to the…
Date: March 19, 2024
Citation: 2024 MT 55
Docket Number: DA 22-0018
Justia Opinion Summary: This case involves a minor plaintiff, identified as S.W., who suffered severe injuries inflicted by her father's girlfriend. The State of Montana's Department of Public Health and Human Services was sued based on claims…
Date: March 19, 2024
Citation: 2024 MT 59
Docket Number: DA 22-0165
Justia Opinion Summary: In November 2019, Vietnam veteran Bruce Schroder was charged with criminal mischief, a felony, after he removed an Uber sign from driver Jamie Hauge's car and pounded on the vehicle when several younger women offered…
Date: March 19, 2024
Citation: 2024 MT 57
Docket Number: DA 22-0699
Justia Opinion Summary: In this case, Kaitlyn Holmes, a nurse, was convicted of theft and ordered to pay restitution for stealing credit cards from the personal belongings of several employees at a medical clinic in Bozeman, Montana. The…
Date: March 19, 2024
Citation: 2024 MT 60N
Docket Numbers: DA 23-0410, DA 23-0415
Date: March 19, 2024
Citation: 2024 MT 61N
Docket Numbers: DA 23-0594, DA 23-0595, DA 23-0596, DA 23-0597
Date: March 18, 2024
Citation: 2024 MT 54
Docket Number: OP 24-0052
Justia Opinion Summary: In this case, petitioners Montanans Securing Reproductive Rights and Samuel Dickman, M.D., sought a declaratory judgment on original jurisdiction against the Montana Attorney General and the Montana Secretary of State.…
Date: March 12, 2024
Citation: 2024 MT 49
Docket Number: DA 21-0476
Justia Opinion Summary: This case involves an appeal against a judgment from the Montana Eighteenth Judicial District Court, Gallatin County, which committed the appellant, G.M., into the custody and care of the Montana State Hospital (MSH) for…
Date: March 12, 2024
Citation: 2024 MT 47
Docket Number: DA 22-0512
Justia Opinion Summary: The case involves Michael Goguen, an engineer and businessman, who was the subject of two civil suits alleging sexual and criminal misconduct. The New York Post published an article detailing these lawsuits, which Goguen…
Date: March 12, 2024
Citation: 2024 MT 50
Docket Number: DA 23-0300
Justia Opinion Summary: The Supreme Court of the State of Montana was presiding over a dispute regarding the reimbursement claim of Angela Mastrovito from the Estate of Rebekah Barsotti. Mastrovito, the mother of the deceased Rebekah Barsotti,…
Date: March 12, 2024
Citation: 2024 MT 48
Docket Number: DA 23-0319
Justia Opinion Summary: The Supreme Court of the State of Montana affirmed a lower court decision that granted Dr. Gregory S. Tierney's motion to dismiss a medical malpractice lawsuit filed by Janice M. Dodds for insufficient service of…
Date: March 5, 2024
Citation: 2024 MT 42
Docket Number: DA 22-0030
Justia Opinion Summary: The case involves an appeal from a defendant, Christopher Michael Welch, who was convicted of attempted incest, incest, sexual abuse of children, and unlawful restraint. Welch began dating the mother of three daughters…
Date: March 5, 2024
Citation: 2024 MT 45N
Docket Number: DA 23-0281
Date: February 27, 2024
Citation: 2024 MT 39
Docket Number: DA 22-0486
Justia Opinion Summary: In a dispute arising from a failed subdivision in Missoula County, Montana, a group of property purchasers, led by Gilbert and Judith Johnston, claimed that Flying S Title and Escrow, Inc., breached a purported contract…
Date: February 27, 2024
Citation: 2024 MT 37
Docket Number: DA 22-0547
Justia Opinion Summary: The Supreme Court of Montana overturned the conviction of Daniel Christopher Rowe for sexual assault, a felony. Rowe was initially charged with the offense for multiple instances of abuse that allegedly took place over…
Date: February 27, 2024
Citation: 2024 MT 38
Docket Number: DA 22-0731
Justia Opinion Summary: The Supreme Court of the State of Montana affirmed a lower court's decision that an insurance agency, Rames Inc., formerly known as Central Insurance Agency, had a duty to procure additional insurance coverage for a…
Date: February 26, 2024
Citation: 2024 MT 36
Docket Number: DA 22-0406
Date: February 26, 2024
Citation: 2024 MT 36
Docket Number: DA 22-0406
Justia Opinion Summary: This case involves an appeal by the Montana Department of Environmental Quality (DEQ) and Tintina Montana Incorporated (Tintina) of a district court's order revoking a permit granted to Tintina to construct and operate…
Date: February 20, 2024
Citation: 2024 MT 32
Docket Number: DA 21-0511
Justia Opinion Summary: In this case, defendant Bradley Alan Stokes appealed his convictions from the Fourteenth Judicial District Court, Musselshell County, for both burglary and assault with a weapon. Stokes was charged with these crimes…
Date: February 20, 2024
Citation: 2024 MT 31
Docket Number: DA 21-0645
Justia Opinion Summary: In this case, the defendant, June Wolverine, was charged with six misdemeanor traffic violations, including a third offense of Driving Under the Influence of Alcohol (DUI). Wolverine was unable to attend her trial due to…
Date: February 20, 2024
Citation: 2024 MT 34N
Docket Number: DA 23-0134
Justia Opinion Summary: This case was a negligence action brought by Dennis Vancos against the State of Montana, Department of Transportation, for injuries he sustained when struck by a car at an intersection. Vancos alleged that the traffic…
Date: February 13, 2024
Citation: 2024 MT 25
Docket Number: DA 21-0586
Justia Opinion Summary: The defendant, Jacob Palmer, was found guilty of felony Partner or Family Member Assault (PFMA) by the Eleventh Judicial District Court, Flathead County, following an incident where he attacked his girlfriend, K.Y., with…
Date: February 13, 2024
Citation: 2024 MT 26
Docket Number: DA 22-0014
Justia Opinion Summary: The case involves an appellant, M.T.H., who was arrested for criminal endangerment after he pulled the steering wheel in his mother's vehicle while she was driving. M.T.H. was diagnosed with major depressive disorder and…
Date: February 13, 2024
Citation: 2024 MT 24
Docket Number: DA 22-0424
Justia Opinion Summary: Shawn Fowler, a former Montana state trooper, sued the Department of Justice, Montana Highway Patrol (MHP) alleging constructive discharge in violation of the Wrongful Discharge from Employment Act (WDEA). He also…
Date: February 13, 2024
Citation: 2024 MT 28N
Docket Number: DA 22-0712
Date: February 13, 2024
Citation: 2024 MT 27
Docket Number: DA 23-0390
Justia Opinion Summary: The Supreme Court of the State of Montana was tasked with determining whether the Municipal Court had sufficient evidence to enter a permanent order of protection against the appellant, Alda Bighorn. Bighorn was…
Date: February 6, 2024
Citation: 2024 MT 23N
Docket Numbers: DA 21-0626, DA 21-0627
Date: February 6, 2024
Citation: 2024 MT 20
Docket Number: DA 22-0429
Justia Opinion Summary: Duane Burchill was convicted of two counts of robbery, one count of conspiracy to commit deceptive practices, and one count of possession of dangerous drugs in 2017. Following his conviction, Burchill filed a petition…
Date: February 6, 2024
Citation: 2024 MT 22N
Docket Numbers: DA 23-0413, DA 23-0414
Date: January 31, 2024
Citation: 2024 MT 19
Docket Number: DA 22-0639
Justia Opinion Summary: In Montana, a group of plaintiffs, including Forward Montana, Leo Gallagher, Montana Association of Criminal Defense Lawyers, and Gary Zadick, challenged two amendments to Senate Bill 319 (SB 319) on the grounds that…
Date: January 31, 2024
Citation: 2023 MT 19
Docket Number: DA 22-0639
Date: January 30, 2024
Citation: 2024 MT 13
Docket Number: DA 22-0343
Justia Opinion Summary: In this case, the Supreme Court of the State of Montana addressed a dispute over a settlement agreement regarding the sale of a house and the subsequent release of construction-related claims. Daniel Perl and Sandra Perl…
Date: January 30, 2024
Citation: 2024 MT 17N
Docket Number: DA 23-0173
Date: January 30, 2024
Citation: 2024 MT 14
Docket Number: DA 23-0256
Justia Opinion Summary: In the state of Montana, William James Rupnow Jr., a licensed bail bondsman, was accused of criminal offenses after he tried to apprehend a client, Victorianne Dahl, who had violated her bail conditions. Dahl had…
Date: January 30, 2024
Citation: 2024 MT 15
Docket Number: OP 23-0734
Justia Opinion Summary: The case involves Petitioner Victoria Deschamps who sought a writ of supervisory control over the Twenty-First Judicial District Court, Ravalli County, in Montana due to the court's denial of her request to waive court…
Date: January 23, 2024
Citation: 2024 MT 12N
Docket Number: DA 21-0530
Justia Opinion Summary: David Abraham Lorenz was convicted in 2003 for operating an illegal drug lab and possessing illegal drugs in the state of Montana. His initial sentence was partially suspended, but multiple violations led to the…
Date: January 23, 2024
Citation: 2024 MT 11N
Docket Number: DA 22-0248
Justia Opinion Summary: In this case from the Supreme Court of the State of Montana, the defendant, Cody Ray Tunnell, appealed from his conviction and sentence for driving under the influence as a fourth offense and criminal endangerment. The…
Date: January 23, 2024
Citation: 2024 MT 10
Docket Number: DA 23-0280
Justia Opinion Summary: The Supreme Court of the State of Montana affirmed a lower court's ruling in a tax dispute between Bluebird Energy LLC and the State of Montana Department of Revenue. Bluebird Energy acquired three oil wells that had…
Date: January 16, 2024
Citation: 2024 MT 5
Docket Number: DA 21-0646
Justia Opinion Summary: In the Supreme Court of the State of Montana, defendant Nels Jerry Peterson appealed his conviction on the offense of sexual assault against his eleven-year-old step-granddaughter (Q.H.). The main contention was the…
Date: January 16, 2024
Citation: 2024 MT 4
Docket Number: DA 23-0247
Justia Opinion Summary: In the case before the Supreme Court of the State of Montana, the plaintiff, Billy Ann Merila, sought the expulsion of her business partner, Daniel Brian Burke, from their partnership, MBC. MBC is a business entity that…
Date: January 9, 2024
Citation: 2024 MT 2
Docket Number: DA 22-0156
Justia Opinion Summary: In Montana, Hannah Rose Kuntz was charged with Violation of a Protective Order and pleaded not guilty. The City of Great Falls requested multiple continuances due to witness unavailability, with the final one being due…
Date: January 9, 2024
Citation: 2024 MT 3
Docket Number: DA 22-0742
Justia Opinion Summary: This case is an appeal from a District Court order enforcing a Water Court decree related to water rights in Big Warm Creek, in Phillips County. Little Big Warm Ranch, LLC (LBWR) argued against the enforcement order and…
Date: January 2, 2024
Citation: 2024 MT 1N
Docket Number: DA 23-0271
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