 |
|
 |
|
|
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.
| Brown v. MacDonald, DA 06-0270,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: The trial court erred in affirming a small claims court's dismissal of an inmate's complaint against a warden for failure to exhaust his administrative remedies; the policies in question were not introduced into evidence and the remaining evidence was conflicting statements regarding whether the procedure was satisfied, and remand was necessary.
|
|||||
| Lopez v. State, DA 06-0618,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: Where appellant violated the terms of his probation, he was ordered to serve the remainder of his suspended sentences for felony sexual intercourse without consent. He was not entitled to the appointment of counsel to assist him in postconviction proceedings under Mont. Code Ann. § 6-8-104. He failed to prove that his petition had merit.
|
|||||
| McCormick v. Brevig, DA 06-0483,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: Where the district court ordered the sale of the assets of a family partnership, the siblings appealed the order allowing letters of credit to be submitted by the bidders. Because the record revealed that the sale had been completed, the matter was moot.
|
|||||
| McCormick v. Brevig, 05-697,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: Upon the dissolution of a partnership, the district court did not err in ordering an accounting and the distribution of partnership assets based on each partner's 50% ownership in the partnership assets. Mont. Code Ann. § 31-1-106(1) required a former partner to pay simple interest on her deficit capital account for sums owed the partnership.
|
|||||
| Pray v. Johnson, DA 06-0752,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: Upon the couple's dissolution, the district court ordered that the father was entitled to one-half interest in the property on which the couple's residence was located. The wife's appeal based on new evidence was an untimely attempt to amend a final order. The district court did not err by ordering the sheriff to deliver the deed to the father.
|
|||||
| State v. Casey, DA 06-0636, DA 06-0637, DA 06-0638,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: The court affirmed the trial court's denial of defendants' motions to dismiss and for directed verdicts; defendants were convicted of violating Mont. Code Ann. § 45-5-623(1)(c), and while they claimed entrapment under Mont. Code Ann. § 45-2-213, prior law enforcement knowledge of defendants' predisposition to commit the crime was not necessary.
|
|||||
| State v. Marshall, DA 06-0151,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: Where defendant was charged with attempted sexual abuse of children after he offered to pay a child victim $150 to strip for him, the evidence was sufficient to support his conviction. Defendant's prior acts of humping a table and commenting about pouring honey on the victim were admissible under the transaction rule, Mont Code Ann. § 26-1-103.
|
|||||
| Wallace v. Hayes, DA 06-0572,
SUPREME COURT OF MONTANA, August 14, 2007, Decided
View this case - free |
|||||
Overview: The court affirmed the trial court's decision that denied a limited liability company member relief from judgment under Mont. R. Civ. P. 60(b), struck a satisfaction of judgment, enjoined further litigation, and appointed a receiver; the issues were controlled by settled Montana law, which the trial court correctly interpreted.
|
|||||
| Essex Ins. Co. v. Moose's Saloon, Inc., 05-054,
SUPREME COURT OF MONTANA, August 15, 2007, Decided
View this case - free |
|||||
Overview: A bar and its employee did not show that they were entitled to relief under Mont. R. Civ. P. 60(b)(6); they failed to address the first five subsections of the rule as required and their motion failed on the merits because they did not establish the existence of extraordinary circumstances, that the motion was timely, and that they were blameless.
|
|||||
| Kuhr v. City of Billings, DA 06-0373,
SUPREME COURT OF MONTANA, August 15, 2007, Decided
View this case - free |
|||||
Overview: Given that firefighters' hours were governed by a collective bargaining agreement, the eight-hour day provision of Mont. Const. art. XII, § 2(2) did not apply; the trial court failed to impose a proper penalty under Mont. Code Ann. § 39-3-206 and costs under Mont. Code Ann. § 39-3-214, but the award of attorney fees under the statute was affirmed.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
