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   State Courts - Montana - August 28, 2007

  
Engelsberger v. Lake County, DA 06-0082, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where the county failed to appear in a wrongful discharge against filed by a county employee, the county filed a motion to set aside the default judgment. In ruling on the motion under Mont. R. Civ. P. 55(c), the district court erred by failing to consider all three Cribb factors.

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In re M.C., DA 06-0348, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where the father of a minor adjudicated a youth in need of care was a fugitive from justice, the district court did not abuse its discretion in terminating the father's parental rights. The father did not comply with his treatment plan, was incarcerated, used methamphetamine, and had not contributed to the minor's support in more than a year.

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Johnson v. First Estate Mgmt. Corp., DA 06-0718, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where the Wyoming District Court entered a judgment against an unlicensed attorney, the judgment was entitled to full faith and credit in Montana under the Uniform Enforcement of Foreign Judgments Act, Mont. Code Ann. §§ 25-9-501 to -508. The unlicensed attorney was afforded due process in the Wyoming courts.

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State v. Edmundson, DA 06-0426, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where defendant entered his guilty plea to assault with a weapon, he signed a written form stating he was not under the influence of prescription drugs and said that he had no drugs or alcohol in his system. The district court did not err by denying his motion to withdraw his guilty plea under Mont. Code Ann. § 46-16-105(2).

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State v. Ellis, DA 06-0289, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where defendant was ordered to repay the costs of his appointed counsel, he failed to show that Mont. Code Ann. § 46-8-113 violated the state and federal equal protection clauses. Contrary to defendant's claim, individuals ordered to pay recoupment costs as a condition of a criminal sentence were not similarly situated to civil judgment debtors.

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State v. Johnson, DA 06-0299, SUPREME COURT OF MONTANA, August 28, 2007, Decided
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Overview: Where defendant was ordered to register as a sexual offender, officers found that he was living at an address different from his last registered address; the evidence was sufficient to show that he failed to comply with registration requirements. The trial court did not err by denying his motion for a directed verdict, Mont. Code Ann. § 46-16-403.

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