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   State Courts - Montana - April 13 - April 18, 2007

  
Parenting of Seekell, Cause No. BDR-2004-456, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 13, 2007, Decided
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Parenting of Seekell, Cause No. BDR-2004-456, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 13, 2007, Decided
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Cottrell v. Twin Hills Colony, Cause No. DV-06-41, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, CHOUTEAU COUNTY, April 16, 2007, Decided
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Davis v. Lewis, Cause No. ADV-2006-38, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 16, 2007, Decided
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Estate of Koester, Cause No. DP-2002-09, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 16, 2007, Decided
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Denny v. Mont. AG, Docket No. DV-07-067, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, HILL COUNTY, April 17, 2007, Decided
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Seeley v. Kreitzberg Rentals, LLC, No. DA 06-0091, SUPREME COURT OF MONTANA, April 17, 2007, Decided
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Overview: In a personal injury suit, substantial credible evidence supported the jury's verdict that the property owner's negligence did not cause plaintiff's fall and injuries outside her office. Natural weather conditions caused snow to accumulate on the walkway. The jury attributed plaintiff's haste and carelessness as the cause of her fall.

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State v. Lundberg, No. DA 06-0305, SUPREME COURT OF MONTANA, April 17, 2007, Decided
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Overview: Where a van was stranded on the highway with its emergency lights activated, the officer had a duty to stop and assist defendant pursuant to the community caretaker doctrine. The district court correctly denied defendant's motion to suppress evidence leading to his arrest for driving a motor vehicle while under the influence of alcohol or drugs.

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Marble v. State, No. PR 06-0118, SUPREME COURT OF MONTANA, April 18, 2007, Decided
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Overview: The Supreme Court of Montana clarified its decision in Gillham, and held that Gillham motions must be filed in the district court where the post-conviction proceeding was pending under Mont. Code Ann. § 46-21-105(2). An attorney ordered to respond to a Gillham order issued by the district court could not be subject to disciplinary proceedings.

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McClanahan v. State, Docket No. OP 07-0207, SUPREME COURT OF MONTANA, April 18, 2007, Decided
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Overview: An inmate's time to file an appeal ran when counsel failed to comply with the requirements of Mont. Code Ann. § 46-8-103(2); counsel was either to request an out-of-time appeal or seek to withdraw as counsel and attach the appropriate brief, and supervisory control was an inappropriate remedy in this regard.

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