 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| State v. Cech, DA 06-0111,
SUPREME COURT OF MONTANA, August 6, 2007, Decided
View this case - free |
|||||
Overview: The court ordered the dismissal of defendant's charge of theft under Mont. Code Ann. § 45-6-301 because defendant had already been convicted in Washington under Wash. Rev. Code § 9A.56.150 and the factors were met for double jeopardy purposes under Mont. Code Ann. § 46-11-504.
|
|||||
| State v. Jackson, No. DA 06-0168,
SUPREME COURT OF MONTANA, August 6, 2007, Decided
View this case - free |
|||||
Overview: Habeas corpus relief under Mont. Const. art. II, § 19 was properly granted to an inmate because such a petition was the proper vehicle for challenging an illegal sentence error; however, his due process rights were violated because a more burdensome sentence was imposed when the same term was ordered to be served in the Montana State Prison.
|
|||||
| State v. Quesnel, DA 06-0332,
SUPREME COURT OF MONTANA, August 6, 2007, Decided
View this case - free |
|||||
Overview: The trial court did not err in denying defendant's motion to withdraw his guilty plea as time-barred under Mont. Code Ann. § 46-16-105(2); defendant did not timely appeal under Mont. R. App. P. 5(b) from his conviction and he did not timely seek withdrawal of his plea within one year of the date his conviction became final.
|
|||||
| State v. Smith, No. DA 06-0323,
SUPREME COURT OF MONTANA, August 6, 2007, Decided
View this case - free |
|||||
Overview: The court affirmed the trial court's denial of defendant's request for an order waiving the payment of restitution under his sentence; his prison funds were being garnished under Mont. Code Ann. § 46-18-244(6)(a) and the court found that the trial court properly interpreted the law in making its ruling.
|
|||||
| Sunburst Sch. Dist. No. 2 v. Texaco, Inc., No. 04-798,
SUPREME COURT OF MONTANA, August 6, 2007, Decided
View this case - free |
|||||
Overview: The Comprehensive Environmental Cleanup and Responsibility Act did not preempt a common law action for restoration damages, and the court affirmed the compensatory damages awarded to respondents for benzene migration damage to their properties; however, the punitive damage award under Mont. Code Ann. § 27-1-221 was vacated.
|
|||||
| In re K.W., DA 06-0747, DA 07-0093, DA 07-0094,
SUPREME COURT OF MONTANA, August 7, 2007, Decided
View this case - free |
|||||
Overview: Where the mother's children were adjudicated youths in need of care after she attempted suicide, the mother failed to comply with her treatment plan. The district court did not abuse its discretion in terminating the mother's parental rights or in denying her motion to continue the hearing so that she could have more time to comply with the plan.
|
|||||
| Wills Cattle Co. v. Shaw, DA 06-0498,
SUPREME COURT OF MONTANA, August 7, 2007, Decided
View this case - free |
|||||
Overview: Where decedent granted his sons tracts of land for a self-sustaining ranch, the deeds were ambiguous as to the location of ditches to be used with the water rights. The district court concluded that the sons' cattle company did not have an ownership interest in ditches that were not necessary for the company to exercise its water rights.
|
|||||
| In re Transfer of Ownership & Location of Mont. All-Alcoholic Bevs. License No. 02-401-1287-001, DA 06-0667,
SUPREME COURT OF MONTANA, August 8, 2007, Decided
View this case - free |
|||||
Overview: Where the Montana Department of Justice, the Department of Revenue received eighty-three letters of protest to the proposed transfer of a liquor license to be used for a casino, the Department was required to hold a hearing under Mont. Code Ann. § 16-4-207. The application satisfied the requirements of public convenience and necessity.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
