34 results for 'judge:"Gustafson"'.
J. Gustafson finds that the trial court erred in sentencing defendant to life for aggravated assault based on a a persistent felony offender designation. Defendant's record supported the designation but he was only declared a persistent violent offender when he was sentenced, and was not on notice of a potential enhanced penalty when he stabbed a fellow inmate with a broken pen. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 30, 2024, Case #: DA 22-0364, Categories: Sentencing, Assault
J. Gustafson finds that the trial court properly held that faculty and student organizations have constitutional and prudential standing to challenge the constitutionality of recent legislation regarding college students. The groups' roles in higher education are sufficient to support their argument that bills regulating student organizations and student speech will cause ongoing injury from discrimination and lack of recourse. A student organization showed it would be injured by a bill limiting the places where student organizations can register students to vote through "opt-out" fee assessments. And representative groups showed that the "Save Women’s Sports Act,” which would regulate the biological sex of student athletes, will cause injury by excluding transgender athletes from participation. The Act infringes on the Board of Regents’ authority under the Montana Constitution to determine the priorities of the Montana University System, and the state concedes that the other two bills are also unconstitutional. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 26, 2024, Case #: DA 22-0586, Categories: Constitution, Elections
J. Gustafson finds that the trial court improperly excluded an expert from testifying in support of an individual accused of tortious assault and battery. The individual disclosed the expert more than a year before trial and the trial court twice denied motions to bar the expert. But the trial court changed course on the second day of trial, leaving the individual at a disadvantage since his defense had been built on the expert's anticipated testimony about the justifiable use of force. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 16, 2024, Case #: DA 23-0200, Categories: Experts, Assault
J. Gustafson finds for the commissioner of internal revenue in this tax liability dispute because plaintiffs were not entitled to a deduction for losses stemming from investments tied up in the Bernie Madoff Ponzi scheme since the value was not an asset held in the couple's account at the time of the theft.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: April 15, 2024, Case #: 2024-43, Categories: Tax
J. Gustafson finds that the trial court was within its discretion to modify a child support order downward before a mother received actual notice from the state division of child support services. The mother was on already on actual notice when the father filed a request for a hearing to modify child support and served it on the mother, and she was given an opportunity to oppose retroactive application of the modification in a subsequent trial court hearing. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 2, 2024, Case #: DA 23-0118, Categories: Family Law
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J. Gustafson finds that the Attorney General's ballot statement, which was prepared in response to an order from this court, fails to meet the statutory requirement to inform voters about an initiative's provisions. Instead, the statement covers topics not addressed by the initiative. And the ballot statement prepared by the authors of the initiative also misstates the scope of the proposed constitutional amendment, which would create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. Therefore, a ballot statement prepared by the court is certified by the court.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 1, 2024, Case #: OP 24-0182, Categories: Civil Rights, Constitution, Elections
J. Gustafson finds that the trial court properly imposed a $2,000 restitution order for damage defendant caused when he removed an Uber sign from a car during a fit of pique. Though a more thorough look at his ability to pay would have helped, his guilty plea to criminal mischief included an acknowlegment that he could pay. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 19, 2024, Case #: DA 22-0165, Categories: Restitution, Plea
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: Civil Rights, Constitution, Elections
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: Bankruptcy, Civil Procedure, Medical Malpractice
J. Gustafson finds that the trial court properly found an insurance broker liable for failing to procure insurance its client specifically requested and which it represented it had obtained. A professional services policy exclusion did not apply to the client's work as a general contractor. The trial court's rulings properly excluded evidence about unrelated insurance policies that would have confused the jury. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 27, 2024, Case #: DA 22-0731, Categories: Insurance
J. Gustafson finds that the trial court improperly entered a permanent order of protection barring a grandmother from unsupervised visits with her grandchild. Hearsay allegations of drug use that would support a temporary order are insufficient for a permanent order, which would require substantial, credible evidence. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 13, 2024, Case #: DA 23-0390, Categories: Family Law, Restraining Order
J. Gustafson finds that the trial court properly applied the statute of frauds to conclude that a settlement agreement regarding the terms of a transaction in which a home buyer would sell the home back to the seller was enforceable. Text messages between the buyer and seller detailed both the requisite consent and consideration elements of an agreement. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: January 30, 2024, Case #: DA 22-0343, Categories: Construction, Real Estate, Settlements
J. Gustafson finds that the trial court properly dismissed a malicious prosecution, abuse of process and civil rights complaint filed by a licensed bail bondsman who was criminally charged with felony assault for pepper spraying a client who violated bond conditions. A bail bond is a civil contract and bail bondsmen lack the authority to arrest their clients without a warrant or probable cause. A bail bondsmen may arrest and surrender a client with a warrant, or when a forfeiture proceeding is pending or forfeiture is declared. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: January 30, 2024, Case #: DA 23-0256, Categories: Malicious Prosecution
J. Gustafson holds that the state's petition to revoke defendant's suspended sentence was untimely. Defendant should have been credited for spent in federal prison concurrent with the suspended sentence for his underlying state burglary conviction, so his sentence expired before the state filed its petition. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 19, 2023, Case #: DA 22-0048, Categories: Burglary, Habeas, Sentencing
J. Gustafson holds that the district court properly used the rational basis standard to analyze a constitutional substantive due process claim that parents made against school districts over Covid-19 mask mandates. The parents argued that a strict scrutiny standard applies, but that would only apply if masking policies implicated a fundamental right. Also, the testimony about masking's harmful effects proffered by parents' hybrid witnesses would not have addressed the reasonableness of masks at stopping Covid-19. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 12, 2023, Case #: DA 23-0046, Categories: Education, Due Process, Covid-19
J. Gustafson finds that the district court improperly denied a father's motion to amend a parenting plan without holding a hearing. Most of the significant developmental and circumstantial changes that took place since the 10-year-old was a toddler were uncontested. Also, the district court should order a parenting evaluation to consider whether the father's request for unsupervised contact is in the child's best interest. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 5, 2023, Case #: DA 23-0108, Categories: Family Law
J. Gustafson holds that the Youth Court exceeded its authority by imposing additional terms to a juvenile's original disposition when he turned 18. A Youth Court may not modify an existing disposition, issue a new disposition or impose additional conditions, such as sexual offender registration and an added term of commitment, without pleadings and proving that the original disposition was violated. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: November 7, 2023, Case #: DA 22-0089, Categories: Juvenile Law, Sex Offender, Due Process
[Consolidated.] J. Gustafson finds that the lower court improperly denied the mobile home residents' motion to stay an eviction proceeding. The Montana Residential Mobile Home Lot Rental Act does not allow a lot-only landlord to terminate a tenant's month-to-month lease without cause, even if the contract provides the landlord that permission. The legislative history of the Act makes it clear that lawmakers specifically sought to ban no-cause evictions of mobile home owners who rented lots. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 31, 2023, Case #: DA 22-0358, Categories: Landlord Tenant
J. Gustafson finds for the commissioner of internal revenue in claims seeking a deduction for a charitable easement. As an inventory item, the appraised value of the tract of land was not entitled to a deduction for the full appraised value.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: October 26, 2023, Case #: 2023-129, Categories: Tax
J. Gustafson finds that the lower court properly distributed the insurance proceeds resulting from a house fire to the son's estate to whom the home belonged. The mother's will specifically left the home to one son, so the doctrine of equitable conversion applies, and his estate is entitled to the money to restore the home. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 24, 2023, Case #: DA23-0111, Categories: Insurance, Wills / Probate, Contract
J. Gustafson finds that defendant — who was charged with deliberate homicide before he took a guilty plea without acknowledging his guilt — did not demonstrate a need for this court to engage in plain error review of his plea’s sufficiency. Additionally, his claim for ineffective assistance of counsel is not based in the record, so his direct appeal is inappropriate. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 6, 2023, Case #: DA 21-0465, Categories: Murder, Sentencing, Plea
J. Gustafson finds that the trial court properly allowed a physician to testify about the signs and symptoms of a hypothetical strangulation, leaving the jury to apply the law to the facts before it convicted defendant of strangulation of a partner. Admission of a jail guard's characterization of the unit housing defendant as the "high-risk, violent crimes pod" was harmless error. A recording from a separate, previous hearing involving defendant and his victim was not hearsay since the statements were probative and made under oath. Also, defendant failed to show he was prejudiced by a juror who checked his phone and dozed off. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: September 26, 2023, Case #: DA 21-0323, Categories: Evidence, Domestic Violence, Experts
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
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. 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. 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