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   State Courts - Montana - April 25, 2006

  
Eastgate Vill. Water & Sewer Assoc. v. Davis, Cause No. BDV-2005-61, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 25, 2006, Decided
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In re Archer, No. 05-277, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: Where there were no restrictions on debtors' use of proceeds from a sale of shares in a business, the debtors were not free to claim such proceeds as exempt benefits under Mont. Code Ann. § 25-13-608(1)(f), even when the proceeds were used exclusively to pay for one debtor's end-of-life medical care and medications.

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In re M.S.S., No. 05-239, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: Where the parents continued to use drugs while caring for their child, the district court concluded that the treatment plans had not been successful and the parents' condition was unlikely to change within a reasonable time under Mont. Code Ann. § 41-3-609(1)(f)(ii). The district court did not abuse its discretion by terminating parental rights.

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In re Marriage of Webb, Cause No. CDR-2006-111, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, April 25, 2006, Decided
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LHC, Inc. v. Alvarez, Docket No. DV-04-662(C), ELEVENTH JUDICIAL DISTRICT COURT OF MONTANA, FLATHEAD COUNTY, April 25, 2006, Decided
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Lohmeier v. Gallatin County, No. 04-812, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: Residents lacked standing to challenge the creation, election, and certification of a water and sewer district because residents did not live in the district or own property therein, they did not have to pay costs associated with the district, and Mont. Code Ann. § 7-13-2212 did not give them standing.

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Scobey Sch. Dist. v. Radakovich, No. 04-675, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: A school district dismissed a tenured teacher based on district restructuring and because the teacher was only endorsed in one subject area, and because nothing in Mont. Code Ann. § 20-4-203 or case law precluded such considerations or action, the district did not violate the statute by dismissing the teacher.

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State v. Buck, No. 03-847, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: Where defendant agreed to a police interrogation, his request for a lawyer before giving a fingernail scraping did not implicate his right to counsel in the custodial interrogation under Mont. Const. art. II, § 25. The district court did not err by denying his motion to suppress his confession to deliberate homicide and burglary.

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State v. Dubois, No. 04-695, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: Where defendant was charged with deliberate homicide in violation of Mont. Code Ann. § 45-5-102(1), he was not entitled to a specific proximate cause instruction. Any prejudicial effect from the prosecutor's statement characterizing the defendant's testimony as a lie was cured by a cautionary instruction; defendant was not entitled to a mistrial.

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State v. Jenkins, No. 05-399, SUPREME COURT OF MONTANA, April 25, 2006, Decided
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Overview: The trial court did not err in denying a citizen's petition for writ of certiorari or supervisory control under Mont. Code Ann. § 27-25-102; the citizen failed to show the existence of a legal obligation on a city court's part to quash a valid warrant against him in order to facilitate his placement in a pre-release center.

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