State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for October, 2006

OPINION: Matter of A.S.

Posted by mtlawlibrary on October 31, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-736,

2006 MT 281,

IN RE THE MATTER OF A.S.,
Youth in Need of Care.

Posted in Domestic Relations, Due Process, Opinion, Parental Rights, Youth in Need of Care | Leave a Comment »

UNPUBLISHED OPINION: Nordholm v. MacDonald

Posted by mtlawlibrary on October 31, 2006

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. DA 06-0024,

2006 MT 280N,

WILLIAM NORDHOLM,

Plaintiff and Appellant,

v.

JAMES MacDONALD, Warden of Crossroads

Corrections Center,

Defendant and Respondent.

Posted in Unpublished Opinion | Leave a Comment »

OPINION & ORDER: Not in Montana v. State

Posted by mtlawlibrary on October 28, 2006

The Montana Supreme Court has issued an Opinion and Order in the following case: 

 No. DA 06-0645

2006 MT 278

NOT IN MONTANA: CITIZENS AGAINST

CI-97, a Political Ballot Committee,

Plaintiff and Respondent,

v.

STATE OF MONTANA,

by and through MIKE McGRATH,

in his capacity as the Attorney General, 

and BRAD JOHNSON,

in his capacity as Secretary of State;

Defendant and Appellant,

and

STOP OVER SPENDING MONTANA,

a Political Ballot Committee,

Intervenor and Appellant.

 

Posted in Opinion and Order | Leave a Comment »

OPINION: Montanans for Justice v. State

Posted by mtlawlibrary on October 28, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. DA 06-0634

2006 MT 277

MONTANANS FOR JUSTICE: VOTE NO

ON CI-98; NOT IN MONTANA: CITIZENS

AGAINST CI-97; AND PROPERTY OWNERS

AGAINST I-154, Political Ballot Committees,

Plaintiffs and Respondents,

v.

STATE OF MONTANA, by and through MIKE

MCGRATH, in his capacity as the Attorney

General; and BRAD JOHNSON, in his capacity

as Secretary of State,

Defendants and Respondents,

MONTANANS IN ACTION, a Montana

Corporation; CITIZENS RIGHT TO RECALL

MONTANA; PROTECT OUR HOMES

MONTANA; STOP OVER SPENDING MONTANA,

Political Ballot Committees, and TREVIS BUTCHER,

Defendants and Appellants,

and

KENDALL COX, ERVIN J. HANKS, and

ROBERT J. COOPER, Individually,

Intervenors.

Posted in Opinion | Leave a Comment »

Recent Briefs

Posted by mtlawlibrary on October 27, 2006

List of briefs added to the system between Oct. 23 and Oct. 27:

DA 06-0217, VETTEL-BECKER v. DEACONESS MEDICALCENTER, Reply Brief, filed 10/23/06

DA 06-0261, MEADOW LAKE ESTATES HOMEOWNERS ASSOC. v. SHOEMAKER, Appellant Brief, filed 10/23/06

DA 06-0287, STATE v. SMITH, Respondent Brief, filed 10/23/06

DA 06-0288, STATE v. SMITH, Respondent Brief, filed 10/23/06

DA 06-0289, STATE v. ELLIS, Reply Brief, filed 10/23/06

DA 06-0299, STATE v. JOHNSON, Respondent Brief, filed 10/20/06

DA 06-0373, KUHR v. CITY OF BILLINGS, Respondent Brief, filed 10/23/06

DA 06-0398, YECOVENKO v. STATE, Reply Brief, filed 10/20/06

DA 06-0482, MARRIAGE OF GORTON & ROBBINS, Appellant Brief, filed 10/23/06

DA 06-0498, WILLS CATTLE CO. v. SHAW, Appellant Brief, filed 10/23/06

DA 06-0507, TIMM v. DPHHS, Appellant Brief, filed 10/23/06

DA 06-0531, KESSEL v. LIBERTY NW INS. CORP., Reply Brief, filed 10/23/06

DA 06-0537, STATE v. JOHNSTON, Appellant Brief, filed 10/23/06

DA 06-0545, STATE v. JUMPER, Respondent Brief, filed 10/25/06

DA 06-0546, CITY OF HELENA v. RITROVATO, Respondent Brief, filed 10/25/06

DA 06-0552, STATE v. SAMPLES, Appellant Brief, filed 10/20/06

DA 06-0592, MATTER OF D.S., Appellant Brief, filed 10/23/06

DA 06-0645, NOT IN MONTANA v. STATE, Reply Brief, filed 10/23/06

DA 06-0645, NOT IN MONTANA v. STATE, Reply Brief, filed 10/23/06

OP 06-0644, BROWER v. MONTANA 14TH JUDICIAL DIST., Respondent Brief, filed 10/24/06

Posted in Recent Briefs | Leave a Comment »

NEW BOOK: The Litigation Manual: Depositions

Posted by mtlawlibrary on October 25, 2006

The Litigation Manual:  Depositions

by Priscilla Anne Scwab and Larence J. Vilardo, Eds.

Published by the ABA Section of Litigation, 2006

Call #:  KF 8900 .L7 2006

To check out this book, call 444-3660.

From the publisher’s website:

An ABA best-seller, The Litigation Manual has been valued as much for its refreshing style as its practical, how-to approach. This addition to The Litigation Manual library focuses on depositions. The book includes the most useful articles on depositions from Litigation journal, taking you through the steps of an effective deposition. It covers the preparation before the deposition; what happens at the table; techniques and strategies; and special cases you may encounter. Specific topics include:

  • Documents and depositions
  • Multi-level depositions
  • Preparing a witness for depositions
  • Why most depositions preparation fails
  • 130 rules for every deponent
  • Conducting the oral deposition
  • Taking depositions that stick
  • Using and utilizing depositions
  • Effective use of depositions at trial
  • Strategies in expert depositions

The book provides concrete, time-proven techniques and innovative ideas from many of the country’s preeminent litigators. And it contains some of the best legal writing available–clear, informal and never dull. Read it and you will learn how to deal more effectively with the situations you face over and over again in preparing for and conducting a deposition.

Posted in Discovery, Litigation, New Book | Leave a Comment »

UNPUBLISHED OPINION: City of Helena v. Winterburn

Posted by mtlawlibrary on October 24, 2006

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. 05-562

2006 MT 276N

CITY OF HELENA,

Plaintiff and Respondent,

v.

CRAIG WINTERBURN,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: State v. Benders

Posted by mtlawlibrary on October 24, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-327

2006 MT 275

STATE OF MONTANA,

Plaintiff and Respondent,

v.

ROBERT BENDERS,

Defendant and Appellant.

Posted in Constitutional Law, Criminal, DUI, Opinion, Particularized Suspicion, Vagueness | Leave a Comment »

OPINION: State v. Thompson

Posted by mtlawlibrary on October 24, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-435

2006 MT 274

STATE OF MONTANA,

Plaintiff and Respondent,

v.

KENNETH N. THOMPSON,

Defendant and Appellant.

Posted in Criminal, DUI, Opinion, Particularized Suspicion | Leave a Comment »

OPINION: Estate of Hjartarson v. Hjartarson

Posted by mtlawlibrary on October 24, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-271

2006 MT 273

SIGRID HJARTARSON, Personal Representative

of the Estate of GARDAR HJARTARSON,

and SIGRID HJARTARSON,

Plaintiffs, Respondents and

Cross-Appellants,

v.

MARLEEN HJARTARSON, MARIE HJARTARSON,

EVELYN HJARTARSON, and ICELAND FARMS, a partnership,

Defendants and Appellants,

and

JON HJARTARSON, DOREEN GILLESPIE,

and G&S LAND AND CATTLE COMPANY,

Defendants and Respondents.

Posted in Civil, Civil Procedure, Debtor/Creditor, Grantor-Support Agreements, Opinion, Power of Attorney, Rescission, Statute of Limitations | Leave a Comment »