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   State Courts - Montana - June 12, 2007

  
Clay Roselle v. Davis, DA 06-0474, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Following a property distribution in a divorce proceeding, the ex-husband sued the ex-wife's attorney, a law firm, and a licensed appraiser for legal malpractice, malicious prosecution, and fraud. Since the ex-husband's appeal of the order granting summary judgment was without merit, the court imposed sanctions pursuant to Mont. R. App. P. 32.

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Edelen v. Bonamarte, No. DA 06-0543, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: A decision to continue an order of protection was remanded for the entry of findings of fact under M.R. Civ.P. 52(a) since no appellate review was possible where a district court's order merely recited Mont. Code Ann. § 45-5-220 and a girlfriend's testimony that she felt threatened. There was nothing to show that the girlfriend was stalked.

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Hartinger v. State, 05-514, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Where petitioner was convicted of criminal endangerment and related charges after leading police on a chase, he was not entitled to postconviction relief. Counsel's performance was not deficient under the Sixth Amendment because he failed to suppress evidence, failed to file a notice of appeal, and failed to challenge a juror for cause.

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In re B.B., No. DA 06-0672, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Where a mother's children were determined youths in need of care based on the mother's repeated aggressive behavior, the mother failed to successfully complete the court approved treatment plan within one year. Mont. Code Ann. § 41-3-609(f) permitted the district court to terminate her parental rights.

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In re C.M.R., No. DA 06-0834, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Order terminating parental rights was affirmed where substantial evidence supported district court's findings that because parents' skills improved very little, it was not likely that continuing with treatment plans would make a significant difference within a reasonable time.

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In re Estate of Snyder, No. DA 06-0325, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: In probate proceedings, the district court failed to comply with Mont. Code Ann. § 72-3-906 when it ordered an heir to quitclaim her interest in land back to the estate. The property was not "improperly received" in light of the fact that she would be entitled to at least a one-half interest in the property under any conceivable distribution.

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Lohmeier v. State, Cause No. ADV-2006-454, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 12, 2007, Decided
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Mont. v. Cathy Ann Johnson, No. DA 06-0603, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Where a deputy saw defendant driving across the center line and into his lane, he had a particularized suspicion to justify a traffic stop of defendant's vehicle to investigate a possible DUI offense. The district court did not err by denying defendant's motion to suppress evidence obtained by the deputy following the stop of her vehicle.

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Murphy Homes, Inc. v. Muller, No. 05-237, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: District court did not err by denying the homeowners' motions for summary judgment under M.R. Civ.P. 56(c) because, by their own representation, the facts relevant to the homeowners' motions were not uncontroverted.

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Ramer v. City of Billings, No. DA 06-0343, SUPREME COURT OF MONTANA, June 12, 2007, Decided
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Overview: Where a 58-year-old city employee was denied a promotion, he failed to make a prima facie claim under the Age Discrimination and Employment Act, 29 U.S.C.S. §§ 621-634. By failing to respond to the city's Mont. R. Civ. P. 36(a) request for admissions, he admitted that the selection committee did not intend to discriminate against him.

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