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   State Courts - Montana - October 23 - October 30, 2007

  
Rosenthal v. County of Madison, 05-252, SUPREME COURT OF MONTANA, October 23, 2007, Decided
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Overview: Court rejected a citizen's claim, in his malicious prosecution action against the State, a county, and a county attorney, that Mont. Code Ann. § 2-9-305 abrogated the common law doctrine of prosecutorial immunity, as well as his claim that the attorney was not entitled to statutory immunity; his actions were undertaken within his authority.

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State v. Damon, DA 06-0342, SUPREME COURT OF MONTANA, October 23, 2007, Decided
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Overview: Upon the revocation of defendant's 5-year suspended sentence for criminal endangerment, Mont. Code Ann. § 46-18-203(7)(b) provided he was entitled to sentencing credit only for the time he served incarcerated pursuant to his arrest for probation violations. The district court sufficiently stated its reasons for the sentencing credit.

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Hinman v. Mont. State Fund, DA 07-0053, SUPREME COURT OF MONTANA, October 30, 2007, Decided
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Overview: Where an auto mechanic was diagnosed with chronic obstructive pulmonary disease, an independent medical examiner concluded that smoking two packs of cigarettes a day for twenty years was the proximate cause of his condition. The Montana Workers' Compensation Court did not err by denying his request for benefits.

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State v. Demontiney, DA 06-0622, SUPREME COURT OF MONTANA, October 30, 2007, Decided
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