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| Chase v. Bearpaw Ranch Ass'n, No. 05-220,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: As the prevailing party in a civil suit, a homeowner's association was entitled to recover attorney fees for defending the suit, making its first appeal, and establishing its entitlement to fees under Mont. Code Ann. § 27-3-704. Fees incurred in establishing the amount of reasonable attorney fees were not compensable.
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| Clifford v. State, Docket No. CDV-2005-903,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 11, 2006, Decided
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| Ellenburg v. Mahoney, Docket No. OP 06-0249,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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| Highlands Homeowners Assoc. v. Flathead County Comm'rs, Cause No. DV-03-534(B),
ELEVENTH JUDICIAL DISTRICT COURT OF MONTANA, FLATHEAD COUNTY, April 11, 2006, Decided
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| In re Matter of B.B., No. 05-249,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: Assuming the issue was not waived, the trial court's failure to hold a separate dispositional hearing under Mont. Code Ann. § 41-3-438 did not violate the due process rights of the mother and father, given that they entered a stipulation concerning the children under Mont. Code Ann. § 41-3-434 and a separate hearing was unnecessary.
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| Mont. Trout Unlimited v. Mont. Dep't of Natural Res. & Conservation, No. 05-069,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: The Montana Department of Natural Resources and Conservation's interpretation of Mont. Code Ann. §§ 85-2-342, 85-2-343 of the Montana Water Use Act, Mont. Code Ann. §§ 85-2-212 to -907, did not provide sufficient protection to reasonably effectuate its purpose, and thus the court reversed a judgment in the Department's favor.
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| State v. Dawson, No. 03-577,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: Defendant sentenced to death for three counts of deliberate homicide was permitted to waive his right to counsel under Mont. Const. art. II, 24 and his right to appeal. Defendant was not suffering from a mental disease, disorder, or defect, he had the capacity to appreciate his position, and his motion to dismiss the appeal was voluntarily made.
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| State v. Hicks, No. 04-742,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: The trial court erred in sentencing defendant, for sexual intercourse without consent in violation of Mont. Code Ann. § 45-5-503(1), to the state corrections department for a term of 14 years with no time suspended under Mont. Code Ann. § 46-18-201(3)(d)(i), and thus the court reversed the sentence and remanded.
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| State v. Leitheiser, No. 05-086,
SUPREME COURT OF MONTANA, April 11, 2006, Decided
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Overview: Where defendant entered nolo contendere pleas to two counts of sexual assault, the plea agreement was not breached when the probation officer advised the court to impose sex offender treatment; defendant did not show good cause for withdrawing his guilty plea under Mont. Code Ann. § 46-16-105(2).
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