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   State Courts - Montana - June 27 - July 5, 2007

  
Larchick v. Thirteenth Judicial Dist., Docket No. OP 07-0324, SUPREME COURT OF MONTANA, June 27, 2007, Decided
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Overview: Because the trial court erred in sealing portions of a transcript in an underlying case, the court granted a conservator's application for writ of supervisory control; the document in question was a public record under Mont. Code Ann. § 2-6-101(2)(a), (3)(b) and the presumption that the document was amenable to inspection was not overcome.

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Mary J. Baker Revocable Trust v. Cenex Harvest States, Coops., Inc., No. 04-333, SUPREME COURT OF MONTANA, June 27, 2007, Decided
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Overview: While under Mont. Code Ann. § 1-4-102, objective evidence of the circumstances under which an instrument was made could be shown and considered in determining whether there was an ambiguity, it did not apply in this case involving right-of-way agreements because the trial court correctly found that the language in question was unambiguous.

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Morning Star Mem. Found. v. Mont. Sixteenth Judicial Dist. Court, Docket No. OP 07-0349, SUPREME COURT OF MONTANA, June 27, 2007, Decided
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Tuma v. Burlington N. & Santa Fe Ry. Co., Cause No. DV-03-208, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, HILL COUNTY, June 27, 2007, Decided
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Leon's Pawn & Rental v. Reid, Cause No. DV-07-132, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, HILL COUNTY, July 2, 2007, Decided
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Farmers Ins. Exch. v. Mont. Fourth Judicial Dist. Court , Docket No. OP 07-0264, SUPREME COURT OF MONTANA, July 5, 2007, Decided
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Overview: The court denied an insurer's application for writ of supervisory control under Mont. R. App. P. 17; the court found no abuse of discretion by the trial court in its discovery order and the trial court was not proceeding under a mistake of law in ordering seriatim trials.

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Mathis v. Twenty-First Judicial Dist., Docket No. OP 07-0326, SUPREME COURT OF MONTANA, July 5, 2007, Decided
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Overview: Where the district court made inartful statements during petitioners' hearings for bail pending the completion of their revocation proceedings, the record as a whole revealed that the district court correctly applied the provisions of Mont. Code Ann. § 46-9-107. Petitioners were not entitled to a writ of supervisory control.

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Whitcher v. Thirteenth Judicial Dist., Docket No. OP 07-0320, SUPREME COURT OF MONTANA, July 5, 2007, Decided
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Overview: Where petitioner was charged with felony incest in 2006, the offense was alleged to have occurred between 1987 and 1989. The charge was not barred by the 10-year statute of limitations set forth in Mont. Code Ann. § 45-5-507(4). The statute of limitations was tolled for five years while petitioner was incarcerated outside of Montana.

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