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   State Courts - Montana - February 21, 2007

  
Ballard v. Spendlove, Cause No. ADV-2004-464, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 21, 2007, Decided
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Bitterroot Int'l Sys. v. Western Star Trucks, Inc., No. 05-426, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: The facts were sufficient for the trial court to assert specific personal jurisdiction over a non-resident corporation pursuant to Mont. R. Civ. P. 4B(1)(a) and the exercise comported with constitutional limitations; the trial court did not err in submitting a lost volume seller instruction for purposes of Mont. Code Ann. § 30-2-708(2) to the jury.

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City of Helena v. Sonsteng, Cause No. CDC-2006-106, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 21, 2007, Decided
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City of Kalispell v. Brentwood, No. DA 06-0048, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Clark v. Roosevelt County, No. 05-580, SUPREME COURT OF MONTANA, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Where the property subject to a forfeiture order under Mont. Code Ann. § 44-12-102 was destroyed by a fire, the district court dismissed the petition for forfeiture. Whether the district court erred in determining that probable cause existed for the seizure of the property was moot.

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Dayrider v. State, Docket No. OP 06-0541, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: The court granted an inmate habeas corpus relief because the trial court sentenced the inmate to a term longer than that authorized under Mont. Code Ann. § 46-18-201, and thus the facially invalid sentence represented a miscarriage of justice for which habeas corpus relief was available.

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Glick v. Dep't of Child & Family Servs., Docket No. OP 06-0801, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Grimes v. McDonald, Docket No. OP 07-0107, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: Because Mont. Code Ann. § 46-18-202(2) did not preclude a trial court from imposing a parole restriction on only a portion of the term of a sentence, the court rejected an inmate's claim that the trial court erred in imposing a 25-year parole restriction on his 80-year sentence, and thus he was not entitled to habeas corpus relief.

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Linn v. Whitaker, No. DA 06-0058, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: The trial court did not err in dismissing with prejudice a pedestrian's lawsuit against respondents as a sanction under Mont. R. Civ. P. 37(b)(2)(C) for discovery abuses; her responses to discovery were untimely and incomplete and the sanction properly related to the extent and nature of her actions and the prejudice suffered by respondents.

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State v. Hendershot, No. 04-429, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: The trial court erred in denying defendant's substitution of counsel request for purposes of U.S. Const. amend. VI and Mont. Const. art. II, § 24; the record supported defendant's complaints regarding counsel and there was a complete collapse in the attorney-client relationship such that defendant's request should have been granted.

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