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   State Courts - Montana - June 6, 2006

  
Boettcher v. Mont. Guaranty Fund, No. DA 06-0011, SUPREME COURT OF MONTANA, June 6, 2006, Decided
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Overview: Because the court held that the Montana Insurance Guaranty Association was not a state agency for purposes of Mont. R. App. P. 38, individuals had to comply with the rule in filing their notice of constitutional challenge, and because they did not, the notice was untimely and stricken upon request.

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In re A.L., No. DA 06-0030, SUPREME COURT OF MONTANA, June 6, 2006, Decided
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Overview: The court affirmed the trial court's finding that the state department of public health proved by a preponderance of the evidence that the father's son was abused or neglected, for purposes of Mont. Code Ann. § 41-3-437(2); the evidence showed that the child was being forcibly pulled between the father and mother.

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In re Inquiry of J.B., No. 05-675, SUPREME COURT OF MONTANA, June 6, 2006, Decided
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Overview: Where a father battled substance abuse, anger management, and marital issues, his two young children were adjudicated youths in need of care. After he failed to complete treatment programs, the district court did not abuse its discretion in terminating his parental rights under Mont. Code Ann. § 41-3-609(1)(f).

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Marriage of Herrera, Cause No. BDR-2000-241, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 6, 2006, Decided
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State v. Borsberry, No.05-401, SUPREME COURT OF MONTANA, June 6, 2006, Decided
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Overview: Evidence was sufficient to support defendant's conviction of felony insurance fraud/theft in violation of Mont. Code Ann. §§ 33-1-1202(1), 45-6-301(6)(a), and restitution was proper under Mont. Code Ann. § 46-18-201(5); defendant failed to fully disclose accident details to his insurer, which caused the insurer a pecuniary loss.

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Voerding v. State, No. 05-534, SUPREME COURT OF MONTANA, June 6, 2006, Decided
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Overview: Upon the revocation of an inmate's suspended sentence, he was entitled to have his prison earnings applied to the payment of court ordered fines. The court distinguished "fines" under Mont. Code Ann. § 46-18-403(2) from other court-imposed financial obligations and affirmed the denial of the inmate's request for credit against court costs and fees.

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Watkins v. Blackies Fresno Tavern, Docket No. DV-04-005, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, HILL COUNTY, June 6, 2006, Decided
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