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   State Courts - Montana - April 4 - April 5, 2006

  
In re Marriage of Harris, No. 04-619, SUPREME COURT OF MONTANA, April 4, 2006, Decided
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Overview: The trial court erred in its distribution of the marital estate under Mont. Code Ann. § 40-4-202, given that a trust should not have been included in the estate; however, maintenance awarded to the ex-wife under Mont. Code Ann. § 40-4-203 was proper given that the ex-wife could not maintain the standard of living that the ex-husband could.

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In re Marriage of Richer, Cause No. BDR-2005-210, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 4, 2006, Decided
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Modroo v. Nationwide Mut. Fire Ins. Co., Cause No. DV-03-620, FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, April 4, 2006, Decided
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Prindel v. Ravalli County, 04-640, SUPREME COURT OF MONTANA, April 4, 2006, Decided
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Overview: Where the plaintiff was stabbed at a party by an inmate released from the county jail due to an administrative error, the county had legal control of the inmate under Mont. Code Ann. § 7-32-2205 and owed a duty to protect citizens from harm. The district court erred by granting summary judgment for the county in the plaintiff's negligence case.

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Smith v. Smith, Docket No. CDR-2005-395, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 4, 2006, Decided
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State v. Benton, No. 05-093, SUPREME COURT OF MONTANA, April 4, 2006, Decided
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Overview: At the opening day of defendant's trial for felony criminal distribution of dangerous drugs, defendant attempted to add a name to the defense witness list for the trial. The district court did not abuse its discretion in precluding the witness from testifying, because defendant did not comply with Mont. Code Ann. §§ 46-15-322, -323.

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Stockman Bank of Mont. v. Potts, No. 04-639, SUPREME COURT OF MONTANA, April 4, 2006, Decided
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Overview: Individual wanted to introduce discussions of settlement in order to directly prove that there was no settlement, which was directly precluded by Mont. R. Evid. 408, a juror's affidavit could not impeach the verdict because it did not fall under the exceptions under Mont. R. Evid. 606(b), and a contested jury instruction did not misinform the jury.

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Levens v. Ballard, Docket No. CDV-2005-612, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 5, 2006, Decided
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State v. Lundberg, CAUSE NO. DC 05-0872, THIRTEENTH JUDICIAL DISTRICT COURT OF MONTANA, YELLOWSTONE COUNTY, April 5, 2006, Decided
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Stipe v. First Interstate Bank of Polson, Cause No. DV-02-197, TWENTIETH JUDICIAL DISTRICT COURT OF MONTANA, LAKE COUNTY, April 5, 2006, Decided
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