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| Anderson v. State, DA 06-0277,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Where appellant's driver's license was suspended to due to refusal to submit to a breathalyzer test under Mont. Code Ann. § 61-8-402(1), he was not entitled to reinstatement of his license because the implied consent advisory was read to him incorrectly. Appellant was put on notice that refusing to take a blood test had serious consequences.
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| Gwynn v. Klabzuba Oil & Gas, Inc., DA 06-0429,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: The trial court did not err in granting summary judgment to a well operator and the state oil and gas conservation board in connection with leasehold interest holders' challenge to the board's denial of its application to pool certain interests; the holders were barred from challenging the ruling because the doctrine of judicial estoppel applied.
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| In re Marriage of Clay, DA 06-0314,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: For purposes of Mont. Code Ann. § 40-4-219(1), the trial court erred in not finding that the children's circumstances had changed once their mother moved 90 miles away from their father, in connection with the parties' original 2/2/3-day custody rotation; as the court remanded on this issue, the court vacated the fee award in the father's favor.
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| In re Mental Health of E.P.B., DA 06-0428,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: In connection with a patient's commitment, the trial court failed to make statutorily sufficient findings to support the commitment under Mont. Code Ann. § 53-21-127(8)(a); merely reciting witness testimony and saying it was consistent with another's evaluation did not amount to the proper findings of fact as the statute required.
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| Lynes v. Helm, No. 05-724,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Although guarantors argued that LLC members were required to refund amounts repaid to them from the LLC pursuant to Mont. Code Ann. § 35-8-605(1), the repayments were not contrary to law under Mont. Code Ann. § 35-8-504(1) and the LLC was obligated to pay the members.
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| State v. Hislop, No. DA 06-0792,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Where police officers saw defendant's car parked at night in an area in which the forest service did not allow overnight camping, they approached the car to investigate and smelled marijuana. The district court did not err by denying defendant's motion to suppress evidence of marijuana and drug paraphernalia found in the car.
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| State v. Krum, DA 06-0775,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Where defendant was convicted of two counts of felony sexual assault, the district court imposed an illegal sentence by ordering defendant to make donations to community entities as a condition of his suspended sentence. The assessments were not "fines" authorized by Mont. Code Ann. § 45-5-502(3).
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| State v. Meyers, DA 06-0462,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Where defendant was convicted of assault on a minor, the record did not support his claim that counsel was ineffective for failing to object to testimony from his wife regarding prior bad acts. The district court did not impose an illegal sentence when it restricted defendant from residing in the county, pursuant to Mont. Code Ann. § 46-18-202.
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| State v. Pulliam, DA 06-0142,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: Where defendant ignored the officer's siren and commands to stop the vehicle, he was charged with resisting arrest and several traffic offenses. Defendant was not entitled to a mistrial based on the officer's testimony that he conducted a "felony stop." The "felony stop" terminology described police protocol and did not prejudice defendant.
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| State v. Rogers, DA 06-0131,
SUPREME COURT OF MONTANA, September 11, 2007, Decided
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Overview: As the jury could have inferred arousal for purposes of Mont. Code Ann. § 45-2-101(67), the court affirmed defendant's sexual assault conviction under Mont. Code Ann. § 45-5-502; his sentence was within the range under Mont. Code Ann. § 46-18-222(3) and the exception in § 46-18-222(6) did not apply as argued.
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