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   State Courts - Montana - January 24, 2006

  
City of Billings Police Dep't v. Owen, No. 04-028, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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Overview: Where an applicant filed a charge of gender discrimination against the police department, the Montana Department of Labor and Industry had the authority to examine the records of the police department's background investigation and determine if privacy rights outweighed the applicant's right to inspect those records under Mont. Const. art. II, § 9.

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Clouse v. Lewis & Clark County, Cause No. ADV-2005-769, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, January 24, 2006, Decided
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Devers v. Tucker, Docket No. 05-699, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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In re Marriage of Keithley, No. 04-770, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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Overview: Where the parties filed for marital dissolution, the district court did not err by granting an equal division of the home equity, including a tax refund in the distribution of assets, and awarding the wife maintenance of $ 325 per month. In making the award, the district court considered the appropriate factors under Mont. Code Ann. § 40-4-203.

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In re Marriage of Mayer, Cause No. BDR-2004-488, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, January 24, 2006, Decided
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Save the Track Found., Inc. v. County of Lewis & Clark, Cause No. BDV-2005-672, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, January 24, 2006, Decided
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State v. Fregien, No. 04-830, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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Overview: Where the State received an investigative subpoena, defendant was not entitled to suppress the results of a blood test conducted at the hospital after a motorcycle crash. There was probable cause to believe that defendant committed the offense of driving while under the influence of alcohol, in violation of Mont. Code Ann. § 61-8-401.

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State v. Miessner, No. 04-877, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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Overview: The rial court did not err in refusing to allow defendant to withdraw his guilty plea under Mont. Code Ann. § 46-16-105(2); he was not coerced into pleading guilty, there was no jurisdictional defect as claimed, defendant waived other issues, and his sentence was statutorily authorized under Mont. Code Ann. § 46-18-502.

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Stroebe v. State, No. 04-103, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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Overview: School system equitable funding constitutional challenge raised by taxpayers was not currently justiciable; the court had previously found the system deficient under Mont. Const. art. X, § 1(3) and the system was already undergoing reform, such that a decision by the court on the taxpayers' claim was unnecessary.

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Strong v. Butts, No. 05-145, SUPREME COURT OF MONTANA, January 24, 2006, Decided
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