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| State v. Whitman, Cause No. BDC-2007-127,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 29, 2007, Decided
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| DaSilva v. State, Docket No. OP 07-0253,
SUPREME COURT OF MONTANA, May 30, 2007, Decided
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Overview: Petitioner incarcerated for criminal possession of dangerous drugs was not entitled to habeas relief. Mont. Code Ann. § 46-22-101(2) barred him from raising issues that could have been raised on appeal. He was not entitled to a suspended sentence under Mont. Code Ann. § 45-9-102(5), as the statute was not in effect at the time of his conviction.
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| Estate of Hilston v. State, DA 06-0188,
SUPREME COURT OF MONTANA, May 30, 2007, Decided
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Overview: Under Mont. Code Ann. § 70-16-302(1) of Montana's Recreational Use Immunity Act, grizzly bears were a "condition of the property" and the State did not owe a duty to protect a widow's husband from a grizzly bear attack that ended his life; in the widow's action against the State, the trial court properly granted the State summary judgment.
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| Glick v. Crossroads Corr. Ctr., Docket No. OP 07-0269,
SUPREME COURT OF MONTANA, May 30, 2007, Decided
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Overview: The court denied and dismissed an inmate's petition for habeas corpus relief; he was denied parole based on the offenses' severity, the parole board required sex offender treatment as a level of protection for society, and, regarding his transfer, he did not have a constitutional right to be imprisoned in a particular facility.
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| In re Z.M., No. DA 06-0660,
SUPREME COURT OF MONTANA, May 30, 2007, Decided
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Overview: Defendant juveniles right to appeal a suppression issue was properly reserved under Mont. Code Ann. § 46-12-204(3) and the trial court erred in denying his motion with regard to his confessions because pursuant to Mont. Code Ann. § 41-5-331, the officers should not have started questioning defendant until they gave him Miranda warnings.
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| LHC, Inc. v. Alvarez, No. DA 06-0407,
SUPREME COURT OF MONTANA, May 30, 2007, Decided
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Overview: Under Mont. Code Ann. § 71-3-524, the trial court properly determined the dates a concrete and gravel supplier furnished materials to an owner's property, given the business record evidence on which the trial court relied; prejudgment interest and attorney fees were property awarded under Mont. Code Ann. §§ 27-1-211, 71-3-124.
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