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   State Courts - Montana - February 13, 2007

  
State v. Walker, No. 05-704, SUPREME COURT OF MONTANA, February 13, 2007, Decided
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Overview: Defendant's prior DUI conviction in a tribal court could be used to enhance defendant's current DUI to a felony offense under Mont. Code Ann. § 61-8-731. His DUI conviction in tribal court was not constitutionally infirm, because he had no right to counsel in the tribal proceeding under the Indian Civil Rights Act, 25 U.S.C.S. § 1301, et seq.

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State v. Webb, No. 05-243, SUPREME COURT OF MONTANA, February 13, 2007, Decided
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Overview: In a criminal appeal, defendant failed to comply with the district court's order requiring him to file an omnibus hearing memorandum form to address various pretrial matters. The district court did not err by dismissing defendant's appeal pursuant to Mont. Code Ann. § 46-17-311(5) and reinstating the justice court's judgment of conviction.

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Willet v. Town of St. Ignatius, No. 05-665, SUPREME COURT OF MONTANA, February 13, 2007, Decided
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Overview: Where a former police chief was discharged by the mayor after receiving many citizen complaints, the district court did not err in upholding the decision of the police commission sustaining his discharge from employment. The district court's findings were supported by substantial evidence under Mont. Code Ann. § 2-4-704(2).

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