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   State Courts - Montana - March 6, 2007

  
Lewis v. Lewis, No. DA 06-0340, SUPREME COURT OF MONTANA, March 6, 2007, Decided
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Overview: The trial court correctly granted an ex-wife and a notary summary judgment in an action brought by the ex-husband related to a car the ex-wife traded; the ex-husband was released from paying for the car due to his bankruptcy and thus he lacked any ownership in the car.

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Miller v. Eleventh Judicial Dist. Court, No. OP07-0009, SUPREME COURT OF MONTANA, March 6, 2007, Decided
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Overview: Where petitioner was incarcerated pending trial for negligent homicide and failure to remain at the scene of an accident, he was not entitled to habeas relief based on the district court's refusal to lower his $ 10,000 bail. Defendant failed to show that he was indigent or that his rights under Mont. Const. art. II, §§ 21, 22 were violated.

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Scott v. Baker, Cause No. DV-06-188, TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, March 6, 2007, Decided
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Shepherd v. Shea, Docket No. CDV-2005-238, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, March 6, 2007, Decided
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Shepherd v. Shea, Docket No. CDV-2005-238, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, March 6, 2007, Decided
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State v. Bartosh, No. 05-368, SUPREME COURT OF MONTANA, March 6, 2007, Decided
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Overview: There was no abuse of discretion on the trial court's part in overruling defendant's objections to witness testimony and certain transcripts, as the trial court was entitled to review relevant evidence in making its sentencing decision, and the probation officer was entitled to the transcript information under Mont. Code Ann. § 46-18-112(2).

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State v. Malkuch, No. DA 06-0097, SUPREME COURT OF MONTANA, March 6, 2007, Decided
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Overview: A search by defendants' son and former babysitter was a private search for purposes of Mont. Code Ann. § 46-5-103, neither requested nor agreed to by the police, and thus the evidence obtained was not subject to the exclusionary rule and the trial court properly denied defendants' motion to suppress evidence.

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State v. Phillip Morris, Docket No. CDV-1997-306, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, March 6, 2007, Decided
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