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   State Courts - Montana - May 9, 2006

  
Polasek v. Omura, No. 05-107, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Under Mont. Code Ann. § 40-9-102(2), grandparent proceedings had to start with a presumption that a fit parent acted in the best interests of the child; because the trial court did not inquire into the mother's fitness and failed to apply the proper analysis, the court reversed the trial court's award of contact with the child to the grandparents.

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Pumphrey v. Empire Lath & Plaster, No. 05-323, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: In a negligence suit arising from an automobile accident, the jury awarded the injured plaintiff $ 3.9 million in special damages. After the jurors were discharged, the court violated Mont. Code Ann. § 25-7-501(2) when it reassembled the jury and polled the jurors for a second time.

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Scott v. Cendant Mobility Servs. Corp., Docket No. CDV-2005-50, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 9, 2006, Decided
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Smith v. State, No. 05-506, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Where appellant was convicted of indecent exposure, Mont. Code Ann. § 46-21-105(2) prevented him from relitigating in the postconviction proceeding those issues raised on direct appeal. Mont. Code Ann. § 46-21-101(2) prevented appellant from substituting the district judge who also presided over his marital dissolution.

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State v. Edmundson, Cause No. DC-05-063C, ELEVENTH JUDICIAL DISTRICT COURT OF MONTANA, FLATHEAD COUNTY, May 9, 2006, Decided
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State v. Maestas, No. 05-125, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: During a homicide investigation, defendant continued a police interview after requesting counsel and made self-incriminating statements on the second day after waiving his Miranda right to counsel. Defendant was not entitled to suppress the voluntary statements under Mont. Code Ann. § 46-13-301.

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State v. Shults, Nos. 05-278 and 05-279, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Where defendant was charged with theft, the State provided adequate notice of its intention to have defendant designated a persistent felony offender (PFO) under Mont. Code Ann. § 46-13-108. Defendant's sentence of fifty years in prison did not violate the cruel and unusual punishment clauses of the Eighth Amendment and Mont. Const. art. II, § 22.

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Unemployment Ins. Div. v. Owens, Cause No. BDV-2005-872, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 9, 2006, Decided
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Watson v. Dundas, No. 02-534, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Easement granted by landowners to a property owner was construed to grant access over a particular section of property, for purposes of Mont. Code Ann. § 1-3-213, and the court refused to allow the landowners to benefit from an ambiguity of their own making and avoid the intent of the easement; damages were improperly awarded.

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Williams Feed v. State, Cause No. DV-05-12787, FIFTH JUDICIAL DISTRICT COURT OF MONTANA, BEAVERHEAD COUNTY, May 9, 2006, Decided
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