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| In re B.B., No. DA 06-0616,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: The court affirmed the trial court's termination of a father's parental rights to his daughter, as substantial evidence supported the trial court's findings; the father failed to meet any goal of his treatment plan and his unfitness with regard to the child was unlikely to change.
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| In re D.R., No. DA 06-0620,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: The trial court did not abuse its discretion in terminating a mother's parental rights to her two sons pursuant to Mont. Code Ann. § 41-3-609(1)(f); although the mother made some progress on her treatment plan, partial compliance was insufficient to prevent termination if other criteria for such had been established.
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| In re D.S., No. DA 06-0592,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: The court affirmed the termination of a mother's parental rights as the trial court's findings of fact were supported by substantial evidence and its conclusions of law were correct; the mother failed to meet her treatment plan goals, was unable to provide a safe environment for the child, and continued to use alcohol and drugs.
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| State v. Archambault, No. 05-189,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: Although the trial court erred in finding that defendant's proposed instruction was inconsistent with the law, the trial court did not err in instructing the jury because one instruction given fully and fairly set forth the applicable elements of defendant's justifiable use of force defense under Mont. Code Ann. § 45-3-102.
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| State v. Greeson, No. 05-622,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: Court ordered stricken a probation condition and alcohol-related restriction, including a drug and alcohol testing requirement; the condition, for purposes of Mont. Code Ann. § 46-18-201, had no nexus to defendant's conviction of identity theft, and that defendant used alcohol and experimented with drugs in the past was unrelated to the offense.
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| State v. St. Germain, No. 04-869,
SUPREME COURT OF MONTANA, February 6, 2007, Decided
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Overview: Defendant's constitutional right to be present at all stages of the trial, under U.S. Const. amend. VI and Mont. Const. art. II, § 24, was not violated, nor did the court find ineffective assistance of counsel; expert testimony was not needed to assess the victim's credibility because nothing showed she was incompetent or under a disability.
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