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| Bank of Am., N.A. v. Dahlquist, No. DA 06-0165,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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Overview: Under the Federal Arbitration Act, 9 U.S.C.S. §§ 1-16, an arbitration award in a bank customer's favor was invalid ab initio because the arbitrator used was not the one specified in the arbitration agreement and the bank did not consent to arbitration with the arbitrator used, such that the denial to confirm the award was affirmed.
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| O'Connor v. Dep't of Labor, Docket No. OP 07-0068,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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Overview: In a discrimination matter, the court denied an attorney's petition for supervisory control because he had an adequate remedy at law under Mont. Code Ann. § 49-2-509(4), which authorized a trial court to review agency decisions, and the attorney had such a petition pending.
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| Scott v. Higgins, No. 05-646,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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| State ex rel. Thompson v. Thirteenth Judicial Dist., Docket No. OP 07-0077,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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| State v. Evert, No. DA 06-0140,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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Overview: The trial court properly denied an inmate's petition for postconviction relief because all of the claims that he appealed were procedurally barred under Mont. Code Ann. § 46-21-105(2), given that the claims could have been raised on direct appeal by the inmate, but were not.
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| State v. Greenwood, Docket No. DC 05-116,
SIXTH JUDICIAL DISTRICT COURT OF MONTANA, PARK COUNTY, February 7, 2007, Decided
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| State v. Ramsey, No. DA 06-0015,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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Overview: The State provided defendant adequate notice of its intention to seek persistent felony offender status under Mont. Code Ann. § 46-13-108; there was nothing to support defendant's permission defense from the estranged wife of the victim, as her claimed consent was no defense to theft, for purposes of Mont. Code Ann. § 45-6-303(2).
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| Steiger v. Brown, No. 05-026,
SUPREME COURT OF MONTANA, February 7, 2007, Decided
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Overview: The statutory period under Mont. Code Ann. § 70-19-401 was met, given that landowners' predecessors knew of the encroachment; the trial court properly denied the landowners fees, given that the case was not a declaratory judgment action, as it was not premised on the interpretation of deeds for purposes of Mont. Code Ann. § 27-8-202.
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