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| Herman v. State, No. 04-054,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: The trial court did not err in dismissing the claims in an inmate's petition for postconviction relief pursuant to Mont. Code Ann. §§ 46-21-104(1)(c), 46-21-201(1)(a); the matters raised either did not support the "attachments" requirements or failed to state a claim for relief, and a hearing on the petition was not required.
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| In re P.S., No. 05-387,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: Where the father of a minor child offered to voluntarily relinquish his rights under Mont. Code Ann. § 42-2-402, the court did not err by proceeding with involuntarily termination of parental rights under Mont. Code Ann. § 41-3-609(1)(a). The mother's parental rights were also terminated, as she suffered from mental problems and drug abuse.
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| State v. High Elk, No. 04-838,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: Where defendant held the victim's arms and/or punched him while an accomplice stabbed him, defendant was properly convicted of accountability for felony assault with a weapon, Mont. Code Ann. § 45-5-213(1)(a). The court's instruction to the jury to disregard the prosecutor's improper opening statements was sufficient to cure the error.
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| State v. McKee, No. 05-199,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: By permitting defendant juvenile the opportunity to present evidence regarding the appropriate forum, the trial court complied with Mont. Code Ann. § 41-5-206(3) of the Montana Youth Court Act, which satisfied due process requirements; defendant's suppression motion should have been granted.
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| Williams v. Fergus County Dist. Court, Docket No. 05-733,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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| Williams v. Global Fin. Servs., Inc., No. 05-236,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: Where defendants failed to answer a complaint charging them with a fraudulent real estate scheme, the district court entered a default judgment against them and refused to set it aside under Mont. R. Civ. P. 60. The court erred by awarding punitive damages without stating the reasons for the award, as required by Mont. Code Ann. § 27-1-211(7)(b).
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| Wurl v. Polson Sch. Dist. No. 23, No. 05-066,
SUPREME COURT OF MONTANA, January 10, 2006, Decided
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Overview: The trial court erred in granting a school district summary judgment based on finding that the employee's work was not governed by a collective bargaining agreement, but the court affirmed because the trial court correctly found alternatively that if the agreement applied, the employee's failure to pursue grievance procedures barred her claims.
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