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| Druffel v. Bd. of Adjustment, DA 06-0726,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Taxpayers had standing under Mont. Code Ann. § 76-2-327 to petition for review of a decision of the Missoula City Board of Adjustment (Montana), which granted a zoning variance. The district court properly dismissed the taxpayers' petition under M. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief could be granted.
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| Goldsmith v. DOJ, No. DA 06-0746,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Upon denying a driver's petition for reinstatement of his license, the district court made no findings of fact or conclusions of law as required by M. R. Civ. P. 52(a). No judgment on the petition was entered as provided by M. R. Civ. P. 54. The transcript did not contain sufficient information to permit appellate review.
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| In re K.J.B., DA 07-0038,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Order terminating parents' rights special needs daughter under Mont. Code Ann. § 41-3-609(1)(d) for abuse and neglect was affirmed where it was apparent from evidence that two critical circumstances, parents' limitations and daughter's special needs, that were relevant to parents' inability to care for their previous children had not changed.
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| Maxie v. Maxie, DA 06-0550,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Where a son was born to the wife after the parties separated, she named him using her maiden name; upon the martial dissolution, the district court did not abuse its discretion by finding that it was in the best interests of the child to maintain the surname. The husband did not attend the birth and the wife remained the child's primary caregiver.
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| State v. Marshall, DA 06-0187,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Where defendant engaged in sexual behavior during a burglary, the district court did not err by imposing sexual offender treatment as a condition of his deferred sentence. Pursuant to Mont. Code Ann. § 46-18-202(1)(f), the condition was designed to rehabilitate defendant and protect society from further offenses.
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| State v. Munson, 05-725,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: Defendant was in custody during an interrogation in her apartment because despite her unequivocal assertions that there were no drugs in the apartment, that she would not consent to a search of the apartment, and that she did not want to speak with the officers at that time, the officers remained and pressed on with the interview.
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| State v. Osborne, DA 06-0206,
SUPREME COURT OF MONTANA, September 5, 2007, Decided
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Overview: The district court did not err by revoking defendant's suspended sentence for sexual intercourse without consent in violation of Mont. Code Ann. § 45-5-503(3)(a), because he failed to complete a sexual offender treatment program. Participation in the treatment program did not violate defendant's right against self-incrimination.
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| State v. Hamilton, 05-648,
SUPREME COURT OF MONTANA, September 7, 2007, Decided
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Overview: The record on appeal of defendant's conviction for eight counts of felony incest was insufficient to support his ineffective assistance of counsel claim. The trial court did not violate double jeopardy protections by imposing multiple punishments. The court was permitted to order a second psychosexual evaluation under Mont. Code Ann. § 46-18-111.
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