133 results for 'court:"Montana Supreme Court"'.
J. McKinnon finds that the youth court properly allowed the continued detention of a youth based on a late-filed charging petition. Good cause supported the exception to the deadline. The youth had repeatedly offended against her family and community, her physical and mental health required constant supervision and the state was unable to find a suitable placement outside of detention. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 26, 2023, Case #: DA 21-0653, Categories: Juvenile Law
J. Sandefur holds that the trial court properly found that a gestational carrier agreement that gave a father exclusive parental rights did not preclude a surrogate from later establishing a parental interest in the child. After the child's birth, the father and surrogate decided to platonically marry due to Covid-19 travel restrictions that kept his mother from traveling from China to care for the child. The parent-child relationship provision of the premarital agreement the father and surrogate signed was valid, enforceable and not equitably unconscionable. However, the trial court erred in adjudicating the surrogate's parental interest without adequate findings. It must revisit its child custody parenting plan to make the the father the sole parent and custodian and then consider the merits of the surrogate's nonparent visitation claim. Reversed in part.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: September 20, 2023, Case #: 22-0133, Categories: Family Law, Contract
J. McKinnon finds that the trial court properly determined which tracts in an easement dispute were the dominant and servient estates. Ambiguous descriptions of the extent of an alleged easement-by-reference made it impossible to enforce. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 20, 2023, Case #: DA 23-0054, Categories: Property
J. Gustafson finds that the trial court erred in refusing to provide the jury instructions requested by a patient who claimed that treatment delays caused his blindness. A proportionate duty instruction is not always applicable in a medical malpractice case but it was foreseeable that timely treatment of the high pressure that doctors knew existed in the patient's skull could have saved his sight. A loss of chance instruction was needed so the jury could consider causation separately from its negligence determination. Also, where a trial court is asked to conduct a juror poll, each juror must be asked about that individual juror's verdict, not the jury's collective verdict. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: September 19, 2023, Case #: DA 22-0123, Categories: Jury, Medical Malpractice
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. McKinnon holds that the trial court properly sentenced defendant to 50 years, with 15 suspended, for aggravated kidnapping, rape and partner assault. The constitution requires a trial court to present aggravating sentencing factors to a jury, but not mitigating factors. Also, defendant's level three sexual offender designation was supported by abundant evidence, and his trial counsel's performance was not insufficient. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 19, 2023, Case #: DA 21-0202, Categories: Sentencing, Sex Offender, Kidnapping
J. McGrath finds that the district court properly held that a candidate was not eligible to run for Roosevelt County Attorney because he was not a resident there. The statutory use of the word "habitation" means the place where a person intends to return even when absent. The district court was not required to make findings to determine his actual residence. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: September 19, 2023, Case #: DA 23-0115, Categories: Elections
J. Baker finds that evidence of a felony DUI defendant's ability to pay did not support the trial court's imposition of costs, surcharges and fees. After paying a mandatory $5,000 fine, the impoverished defendant's only assets are his modest mobile home and vehicle, which satisfy his basic needs and which he would have to sell to satisfy the sentence. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: September 12, 2023, Case #: DA 21-0647, Categories: Sentencing, Dui
J. Rice finds that the trial court erred in holding that certain statutes that the Department of Revenue applied to the calculation of a nonresident's Montana income tax were unconstitutional. The state's net operating loss statute may be applied using out-of-state income to create matching offsets to a nonresident's established deduction. Reversed.
Court: Montana Supreme Court, Judge: Rice, Filed On: September 5, 2023, Case #: DA 21-0570, Categories: Tax
J. McKinnon finds that the district court failed to consider the 17-year-old defendant's youthfulness, impulsiveness and low risk of reoffending before denying his motion to transfer his sexual assault case to youth court. It relied only on the seriousness of the offense without consideration of the nature of the offense, which is required by statute. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 31, 2023, Case #: DA 21-0618, Categories: Juvenile Law, Sex Offender
J. McKinnon finds that the trial court gave a mother adequate notice through counsel of upcoming parental rights termination hearings, so her absence from the hearings was not a violation of her due process rights. Her rights were properly terminated because she did not comply with all the provisions laid out for reunification, including the visitation component. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 22, 2023, Case #: DA 22-0568, Categories: Family Law, Due Process
J. Baker holds that the trial court should have allowed jurors to consider potential racial motivations in deciding punitive damages imposed on a white defendant found liable for assault and battery on his Native American neighbor. The probative value of any racial motivations outweighed the danger of prejudice, and a jury is entitled to be aware of all the circumstances behind an intentional tort when awarding damages, particularly since it had already determined that defendant acted with malice. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: August 22, 2023, Case #: DA 22-0701, Categories: Native Americans, Damages, Assault
J. Gustafson finds that the district court lacked the authority to revoke defendant's suspended sentence and impose a new sentence on the basis of his alleged failure to comply with a sentencing requirement to complete sex offender treatment. He was required to complete the treatment within three years of his release into the community, not before his release. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 22, 2023, Case #: DA 21-0164, Categories: Sentencing, Sex Offender
J. Gustafson finds that the trial court should have suppressed methamphetamine and cash found during a warrantless search of defendant's vehicle. When police officers made a traffic stop of defendant, his parole officer instructed them to arrest him and his passenger and search their vehicle for investigative purposes. The underlying traffic violation was insufficient to provide the probable cause required for the warrantless arrest of a parolee. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 15, 2023, Case #: DA 21-0579, Categories: Drug Offender, Parole, Search
J. McKinnon holds that the trial court properly dismissed an inmate's claim that a clothed pat-down search violated his Eighth Amendment rights. He presented no evidence that the filmed encounter was for the guard's sexual gratification or to humiliate the inmate, and the brief search was performed randomly on multiple inmates in the same manner. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 8, 2023, Case #: DA 22-0579, Categories: Search, Cruel And Unusual Punishment
J. McKinnon finds that defendant's petition for post-conviction relief on sex offense and incest convictions is untimely. He had one year after discovering the alleged 2016 recantation of one victim's allegations, but he did not file his petition until 2020. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 8, 2023, Case #: DA 22-0389, Categories: Sex Offender
J. Gustafson finds that the trial court properly applied the rape shield law when it barred the cross-examination of defendant's daughter, who was four years old when defendant sold her to a sex offender. Evidence that defendant had tried to marry another daughter off to the offender was admissible as probative evidence of financial motive. A detective's testimony about the daughter's truthfulness was error but it was not prejudicial since defendant also said her daughter was credible. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 1, 2023, Case #: DA 21-0030, Categories: Confrontation, Child Victims, Human Trafficking
J. Rice finds that the district court had jurisdiction over a charge against a 17-year-old for an assault on a peace officer and a related misdemeanor charge of assault with bodily fluid since they were based on the felony assault. However, misdemeanor charges for punching another youth and two other misdemeanor assault with bodily fluid offenses should have been the jurisdiction of the youth court. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: August 1, 2023, Case #: DA 21-0337, Categories: Juvenile Law, Assault, Jurisdiction
J. Baker finds that the trial court properly dismissed defendant's speedy trial motion and convicted him for drug distribution. The state failed to show a valid reason for the more than three-year delay and he did not waive his right to a speedy trial, but he was not prejudiced since his pretrial incarceration was not oppressive and he failed to show that pending charges in Montana increased the anxiety he felt while jailed in Idaho. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 25, 2023, Case #: DA 21-0624, Categories: Drug Offender, Speedy Trial
J. Shea finds that the trial court erred in imposing sentencing conditions restricting defendant's access to the internet and possession of certain electronic devices. A complete prohibition on internet access and using devices without the consent of a parole officer is not reasonably related to his criminal history. Reversed.
Court: Montana Supreme Court, Judge: Shea, Filed On: July 25, 2023, Case #: DA 21-0326, Categories: Sentencing, Sex Offender
J. Baker finds that the trial court should not have ordered a new trial in a traffic collision case that ended with a $168,000 damages award to the injured party. Guidance by the injured party's attorney that the jury should disregard the other party's ability to pay did not create sufficient prejudice for a mistrial since there was no mention of insurance, which the trial court had ruled was off limits. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0554, Categories: Negligence
J. Gustafson holds that the trial court properly granted insurers summary judgment, finding they had no duty under homeowners and other policies to defend an insured facing multiple claims stemming from earlier underlying litigation. The insured did not show the slander and malicious prosecution allegations fell within the policy coverage periods, the alleged economic loss did not qualify as property damage, and there is no specific reference to bodily injury in the underlying complaint that would be covered by the policies. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: July 18, 2023, Case #: DA 22-0482, Categories: Insurance, Malicious Prosecution, Defamation
J. Rice finds that the trial court properly enforced a settlement agreement requiring the sale of a parcel to the owner of an adjacent property by a specific date for $170,000 or an appraised value, whichever was higher. The owner of the adjacent property failed to satisfy the conditions of purchase by the specific date, so under the doctrine of equitable conversion a subsequent fire that destroyed a residence on the parcel did not void the sale. And the seller was due an award of attorney fees as the prevailing party in a specific enforcement lawsuit. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: July 18, 2023, Case #: DA 22-0487, Categories: Property, Settlements, Attorney Fees
J. Baker holds that the district court properly refused to grant an insurer a writ of prohibition to halt proceedings by the insurance commissioner. The insurance commissioner had quasi-judicial authority and jurisdiction under law to investigate a dispute between insurers and to demand policy data in a usable form. Federal litigation over contract claims between the insurers did not preclude the commissioner's administrative proceedings. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0531, Categories: Administrative Law, Discovery, Workers' Compensation
J. McKinnon finds that the trial court erred when it responded to jury questions outside of defendant's presence before convicting him of resisting arrest. The questions were about substantive law and defendant was entitled to object, offer alternative responses or add to the record. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: July 11, 2023, Case #: DA 21-0466, Categories: Jury, Resisting Arrest
J. McKinnon finds that the trial court was within its discretion during defendant's DUI and threats trial to admit his sex offender status under the transaction rule. The statement a deputy made about his status was inextricably intertwined with defendant's statements during his arrest that he knew where the deputy, his wife and child lived and went to church. However, pretrial supervision costs were improperly imposed without considering defendant's ability to pay. Affirmed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: July 11, 2023, Case #: DA 21-0405, Categories: Evidence, Threats, Dui
J. Shea finds that the district court properly denied defendant's request for a jury instruction on the lesser-included offense of mitigated deliberate homicide because his only legal theory was acquittal based on his argument that he was out of town and his wife killed their roommate. However, there was insufficient evidence that his roommate's truck which he sold after his death was worth more than $1,500, as required to support his conviction for felony deceptive practices. Reversed in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: July 5, 2023, Case #: DA 20-0243, Categories: Evidence, Murder, Jury Instructions
J. Gustafson finds that credible evidence supported the district court determination that a property owner had established a prescriptive easement over two roads passing through a neighbor's property. Summary judgment was precluded by disputes of fact about whether the historical use of the roads was permissive. The property owner was entitled to amend its complaint and have it relate back to the original complaint. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: June 20, 2023, Case #: DA 22-0279, Categories: Civil Procedure, Property
J. Rice finds that the trial court properly denied a challenge to the constitutionality of the regulatory authorization granted to the Department of Transportation. The legislature established the criminal penalties for improper warning devices on oversized commercial truck loads and limited the department's enforcement authority such that it did not impermissibly delegate a lawmaking function. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: June 20, 2023, Case #: DA 22-0622, Categories: Constitution