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   State Courts - Montana - June 21 - June 26, 2007

  
Marriage of Swingle, Cause No. CDR-2006-34, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 21, 2007, Decided
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Marriage of Swingle, Cause No. CDR-2006-34, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 21, 2007, Decided
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State v. Bartsch, Cause No. BDC-2007-107, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 21, 2007, Decided
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State v. Stokes, Cause No. BDC-2004-50, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 22, 2007, Decided
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State Farm Mut. Auto. Ins. Co. v. Gibson, 05-216, SUPREME COURT OF MONTANA, June 25, 2007, Decided
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Overview: Where the insureds sought recovery of medical payments coverage under three automobile insurance policies, the Supreme Court of Montana held that the insurance company's anti-stacking provisions violated public policy by allowing the insurance company to receive valuable consideration for coverage that was not provided.

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Giambra v. Kelsey, No. 05-335, SUPREME COURT OF MONTANA, June 26, 2007, Decided
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Overview: Where plaintiff was injured by a motor vehicle, the jury was required to consider the negligence of both plaintiff and the driver in apportioning liability under the comparative negligence scheme, Mont. Code Ann. §§ 27-1-702 and -703. Plaintiff failed to provide an adequate record to allow appellate review of his motion for a new trial.

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In re Estate of Ayers, No. DA 06-0631, SUPREME COURT OF MONTANA, June 26, 2007, Decided
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Overview: Where decedent and her daughter each owned a 50% undivided interest in land as tenants in common, decedent's attempt to devise her ownership interest in the land failed because she misstated that the property was held in a joint tenancy. The property passed according to the laws of intestate succession as specified in Mont. Code Ann. § 72-2-111.

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Mont. Solid Waste Contrs. v. Mont. Dep't of Pub. Serv. Regulation, No. DA 06-0175, SUPREME COURT OF MONTANA, June 26, 2007, Decided
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Overview: Mont. Code Ann. §§ 69-12-108, 69-12-210, 69-12-327 were not self-executing and the revocation of a solid waste transportation certificate could occur only through Montana Public Service Commission (PSC) action; the PSC lacked authority to revoke a compliant certificate holder's certificate for a prior holder's non-compliance or for PSC misconduct.

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State v. Romero, No. DA 06-0184, SUPREME COURT OF MONTANA, June 26, 2007, Decided
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Overview: Where defendant was convicted of felony aggravated burglary, felony assault with a weapon, and misdemeanor resisting arrest, he failed to object to the district court's denial of his request for an instruction on trespass to property as a lesser included offense of felony aggravated burglary. The issue was not preserved for review.

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State v. Runningfisher, No. DA 06-0614, SUPREME COURT OF MONTANA, June 26, 2007, Decided
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Overview: While defendant was riding his bicycle, he stumbled to avoid a dog and the owner found a key ring that had been dropped in his yard; attached to the keys was a vial containing methamphetamines. The evidence was sufficient to convict defendant for criminal possession of dangerous drugs in violation of Mont. Code Ann. § 45-9-102.

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