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   State Courts - Montana - January 31 - February 1, 2007

  
Audet v. Neill, Docket No. OP 07-0039, SUPREME COURT OF MONTANA, January 31, 2007, Decided
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Overview: In a mandamus proceeding, petitioner contended that he encountered numerous roadblocks in his efforts to appeal a protective order obtained by his girlfriend. The availability of the avenue of appeal led the state supreme court to decline petitioner's invitation to issue a writ of mandamus pursuant to Mont. Code Ann. § 27-26-201.

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Fitzgerald v. Mahoney, Docket No. OP 06-0812, SUPREME COURT OF MONTANA, January 31, 2007, Decided
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Overview: The court denied an inmate's petition for habeas corpus relief and dismissed it; certain claims amounted to collateral attacks for which relief by way of a habeas corpus petition was not available, and defendant's sentence enhancement issue was barred by res judicata.

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Kelly v. Fourth Judicial Dist. Court, Docket No. OP 07-0052, SUPREME COURT OF MONTANA, January 31, 2007, Decided
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Overview: A mother was not entitled to a writ of prohibition to prevent the district court in Montana from deciding any parenting matter concerning the minor children she took to California after her divorce. The UCCJEA, Mont. Code Ann. § 40-7-101 et seq., conferred discretion on the district court to consider whether to exercise or decline jurisdiction.

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Kuntz v. O'Banion, Docket No. DV 06-100, TWENTY-SECOND JUDICIAL DISTRICT COURT OF MONTANA, CARBON COUNTY, January 31, 2007, Decided
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Rainier v. Mont. State Prison, Docket No. OP 07-0043, SUPREME COURT OF MONTANA, January 31, 2007, Decided
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State v. Maki, Cause No. DC-06-523, FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, February 1, 2007, Decided
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Zimmerman v. York, Cause No. ADV-2006-597, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 1, 2007, Decided
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