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   State Courts - Montana - April 23 - April 30, 2007

  
Roope v. State, Cause No. ADV-2004-556, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 23, 2007, Decided
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Simmons v. Helena City Comm'n, Cause No. BDV-2005-883, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 23, 2007, Decided
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Fischer v. Fischer, No. DA 06-0207, SUPREME COURT OF MONTANA, April 24, 2007, Decided
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Overview: The court reversed a trial court's order appointing temporary guardians of a father and mother's child; the trial court did not have authority to do so under Mont. Code Ann. §§ 40-4-219, 40-4-228, 41-3-427, 72-5-222(1), as the mother's parental rights had not been abridged and a guardianship could not be granted over her objections.

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In re G.M., No. DA 06-0370, SUPREME COURT OF MONTANA, April 24, 2007, Decided
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Overview: Where the district court failed to provide a detailed statement of facts to support its findings that a patient was suffering from a mental disorder and that he required commitment, the commitment order failed to comply with Mont. Code Ann. § 53-21-127(8)(a). The district court's findings were clearly erroneous in light of the deficiencies.

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Johnston v. Palmer, No. 05-703, SUPREME COURT OF MONTANA, April 24, 2007, Decided
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Overview: The trial court did not err in finding that a company's construction lien under Mont. Code Ann. § 71-3-523 was valid, as the record owner was served under Mont. Code Ann. §§ 71-3-534(2), 71-3-535(2)(b) and the property was sufficiently identified; the company was entitled to fees and costs on appeal under Mont. Code Ann. § 71-3-124(1).

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Farr v. Eleventh Judicial Dist. Court, Docket No. OP 07-0251, SUPREME COURT OF MONTANA, April 25, 2007, Decided
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State v. Casias, No. DA 06-0503, SUPREME COURT OF MONTANA, April 25, 2007, Decided
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Overview: Where appellant pled guilty to assault with a weapon and to partner or family member assault, he did not file a motion to withdraw his guilty plea within the one-year statute of limitations set forth in Mont. Code Ann. § 46-16-105(2). His motion was procedurally time-barred.

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State v. Tomaskie, No. 04-874, SUPREME COURT OF MONTANA, April 25, 2007, Decided
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Overview: Defendant's conviction for a previous offense of criminal possession of dangerous drugs was dismissed prior to the time he was sentenced and convicted of the crime a second time; thus, at the time of that sentencing, defendant had no prior conviction as contemplated by Mont. Code Ann. § 45-9-102(2) and he should not have been sentenced as a felon.

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Marriage of Lamach, Cause No. BDR-2006-14, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 30, 2007, Decided
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