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| Clifford v. State, No. DA 06-0372,
SUPREME COURT OF MONTANA, February 27, 2007, Decided
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Overview: Petitioner convicted of fabricating physical evidence and threats and improper influence was not entitled to post-conviction relief. Petitioner failed to show how DNA testing would exonerate her under Mont. Code Ann. § 46-21-110(1)(c). She also failed to explain what her appellate counsel should have done differently.
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| In re Marriage of Riggin, No. 05-263,
SUPREME COURT OF MONTANA, February 27, 2007, Decided
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Overview: In a marital dissolution, the district court's decision to credit the wife with the payment of $ 87,000 in capital gains tax incurred by the husband was clearly erroneous. There was no evidence that the wife paid this amount in capital gains tax. The exhibits introduced into evidence indicated the contrary.
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| Marriage of Orr, Cause No. BDR-2006-105,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 27, 2007, Decided
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| State v. Dutton, No. 05-540,
SUPREME COURT OF MONTANA, February 27, 2007, Decided
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Overview: Crime stoppers received a letter describing a clandestine drug lab at defendant's home nine months before the issuance of a search warrant, and he was seen purchasing precursors to manufacture methamphetamine just days before the warrant was issued. The information supporting the probable cause finding under the Fourth Amendment was not stale.
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| State v. McAllister, Cause No. ADC-2006-177,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 27, 2007, Decided
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| State v. McDowell, Cause No. BDV-2005-469,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, February 27, 2007, Decided
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| State v. Spang, No. 05-639,
SUPREME COURT OF MONTANA, February 27, 2007, Decided
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Overview: Where more than 275 days of the delay in bringing defendant to trial on DUI and related charges were attributable to the State, defendant's Sixth Amendment right to a speedy trial was not violated. While defendant claimed that he lost his job as a commercial driver while incarcerated and lost track of a witness, he was not prejudiced by the delay.
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| State v. Spence, No. DA 06-0215,
SUPREME COURT OF MONTANA, February 27, 2007, Decided
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Overview: Where defendant was required to pay restitution for issuing a bad check, subsequent changes to the restitution statute, Mont. Code Ann. § 46-18-241, did not increase the punishment burden. The state supreme court rejected his claim that requiring him to pay restitution was an ex post facto application of the law.
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