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| Burns v. Mackinder, No. 05-092,
SUPREME COURT OF MONTANA, May 23, 2006, Decided
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Overview: The court affirmed the trial court's ruling that a road was a county road, the grant of summary judgment to a county, and the denial of attorney fees to property owners, in connection with landowners' action seeking a declaration that the road was private; the appeal and cross-appeal both lacked merit.
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| In re Marriage of Markegard, No. 05-109,
SUPREME COURT OF MONTANA, May 23, 2006, Decided
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Overview: Mont. Code Ann. § 3-1-803(3) did not require disqualification of the presiding judge in a dissolution proceeding because she had a consultation with one of the parties in her prior capacity as an attorney. The district court did not abuse its discretion in distributing the marital estate, business property, and proceeds from the sale of the home.
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| Olson v. State, Cause No. DV-02-418,
TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, May 23, 2006, Decided
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| State v. Aune, No. 05-012,
SUPREME COURT OF MONTANA, May 23, 2006, Decided
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Overview: Because assault under Mont. Code Ann. § 45-5-201(c) was not a lesser included offense, pursuant to Mont. Code Ann. § 46-1-202(9)(c), of partnership or family member assault under Mont. Code Ann. § 45-5-206(1)(c), the trial court did not err in refusing to given an assault instruction in defendant's family member assault case.
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| State v. Moody, No. 05-363,
SUPREME COURT OF MONTANA, May 23, 2006, Decided
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Overview: The court found a travel restriction to defendant's probation a properly imposed condition, but another condition, that defendant keep her home open to the probation officer as per required policy meant "upon reasonable cause," such that the court reversed and remanded on the latter condition.
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