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   State Courts - Montana - May 1 - May 3, 2007

  
Byrum v. Andren, No. 04-483, SUPREME COURT OF MONTANA, May 1, 2007, Decided
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Overview: The court clarified the standard of review for a decision issuing or denying sanctions under Mont. R. Civ. P. 11, and in this case, the sanctions award was vacated; contrary to Mont. R. Civ. P. 52(a), the trial court erred in not entering specific findings of fact and conclusions of law on certain issues and those matters were remanded.

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In re Guardianship & Conservatorship of J.C., No. DA 06-0581, SUPREME COURT OF MONTANA, May 1, 2007, Decided
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Overview: During a guardianship proceeding, the district court did not err by suspending the mother's parental rights under Mont. Code Ann. § 72-5-222(1). The mother voluntarily relinquished her parental rights by admitting that she was unfit to parent her children; she knowingly and voluntarily waived her right to a hearing.

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Skogen v. Murray, No. DA 06-0478, SUPREME COURT OF MONTANA, May 1, 2007, Decided
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Overview: In a boundary dispute, the surveys were approved before appellant's objections were filed; the district court abused its discretion in denying appellant's Mont. R. Civ. P. 60(b) motion for relief. Appellant showed that his attorney's conduct constituted gross neglect, he filed his motion for relief within a reasonable time, and he was blameless.

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State v. Stoumbaugh, No. 05-080, SUPREME COURT OF MONTANA, May 1, 2007, Decided
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Overview: Where defendant was arrested, she had drugs charges pending against her and an officer saw a white pill in her car; the officer had reasonable suspicion to conduct a canine search, and probable cause existed for the issuance of a search warrant under the Fourth Amendment. Defendant was not entitled to suppress evidence of drug paraphernalia.

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Winkels v. Mt. Dep't of Revenue, Cause No. ADV-2006-757, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 1, 2007, Decided
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Duncan v. State, Docket No. OP 07-0199, SUPREME COURT OF MONTANA, May 2, 2007, Decided
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Overview: A petition for habeas corpus under Mont. Code Ann. § 46-22-101 was denied in a case where a motion for bail pending an appeal under Mont. Code Ann. § 46-9-107 was unsuccessful; an inmate did not rebut the presumption that incarceration was appropriate.

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Hiskes v. Del-Oak, Cause No. ADV-2007-152, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 2, 2007, Decided
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Marriage of Wiederholt, Cause No. BDR-2006-303, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 2, 2007, Decided
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Marriage of Wiederholt, Cause No. BDR-2006-303, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 2, 2007, Decided
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Warren v. State, Cause No. ADV-2006-887, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 3, 2007, Decided
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