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| Cunnington v. Gaub, No. DA 06-0035,
SUPREME COURT OF MONTANA, January 23, 2007, Decided
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Overview: Because there were genuine issues of material fact as to whether a homeowner retained sufficient control over a construction project to have subjected himself to liability for injuries suffered by an employee of an employer hired to build the house, the trial court improperly granted the homeowner summary judgment.
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| In re O.A.W., No. 04-745,
SUPREME COURT OF MONTANA, January 23, 2007, Decided
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Overview: Court affirmed the termination of a mother and father's rights under Mont. Code Ann. § 41-3-609(1)(f); the trial court properly admitted the children's statements at the adjudicatory hearing under Mont. Code Ann. §§ 41-3-437(3) and Mont. R. Evid. 804(b)(5) and the trial court properly found that the mother did not comply with her treatment plan.
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| Mahoney v. State, No. DA 06-0110,
SUPREME COURT OF MONTANA, January 23, 2007, Decided
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Overview: Where petitioner was designated a dangerous offender under Mont. Code Ann. § 46-18-404(3) in 1989, the 1995 repeal of the statute did not affect petitioner's parole eligibility date. His petition for post-conviction relief was time-barred, because he did not bring his petition within the one-year statute of limitations, Mont. Code Ann. § 46-21-102.
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| Mildenberger v. Timberline Properties, CAUSE NO.: DV-00-30,
TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, January 23, 2007, Decided
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| Mildenberger v. Timberline Properties, CAUSE NO.: DV-00-30,
TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, January 23, 2007, Decided
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| State v. Corbin, Cause No. DC-06-432,
FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, January 23, 2007, Decided
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| State v. Madplume, No. 05-693,
SUPREME COURT OF MONTANA, January 23, 2007, Decided
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Overview: The trial court erred in granting defendant's motion to suppress evidence of the victim's DNA obtained from the warrantless swabbing of defendant's hands; exigent circumstances existed to justify the warrantless swabbing, given that defendant could have destroyed the evidence very easily, even upon perspiring.
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| State v. Mainwaring, No. 05-508,
SUPREME COURT OF MONTANA, January 23, 2007, Decided
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Overview: The trial court did not err in sentencing defendant as a persistent felony offender under Mont. Code Ann. § 46-18-501 predicated on defendant's prior felony conviction under Mont. Code Ann. § 41-5-206; there was no due process violation and the statutes in question were not void for vagueness as defendant claimed.
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| State v. Rahn, CAUSE NO. DC 04-0157,
THIRTEENTH JUDICIAL DISTRICT COURT OF MONTANA, YELLOWSTONE COUNTY, January 23, 2007, Decided
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