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 January, 2007

OPINION: Stanton v. Wells Fargo Bank Montana, N.A.

Posted by mtlawlibrary on January 30, 2007

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

No. DA 06-0139,

2007 MT 22,

WENDELL STANTON,

Plaintiff and Respondent,

v.

WELLS FARGO BANK MONTANA, N.A.,

Defendant and Respondent.

_______________________________________

IN THE MATTER OF THE FRANCES S. BARKER

TRUST UNDER AGREEMENT.

_______________________________________

NEW LIFE FELLOWSHIP OF MONTANA, INC.,

d/b/a TRAIL’S END RANCH,

Intervenor and Appellant,

v.

WENDELL STANTON, TRUSTEE OF THE WENDELL

STANTON TRUST DATED 8/7/2000, Account No. 7AJ 006230;

and WELLS FARGO BANK MONTANA, N.A.,

Third-Party Defendants and Respondents.

Posted in Civil, Fiduciary Duty, Fraud, Opinion, Trusts, Undue Influence, Will | Leave a Comment »

OPINION: Ray v. Montana Tech

Posted by mtlawlibrary on January 30, 2007

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

No. 05-234,

2007 MT 21,

JOHN W. RAY,

Plaintiff and Appellant,

v.

MONTANA TECH OF THE UNIVERSITY OF

MONTANA, W. FRANKLIN GILMORE, DANIEL

BRADLEY, DOUGLAS ABBOTT, JOHN HINTZ,

and MARGARET PETERSON,

Defendants and Respondents.

Posted in Civil, Civil Rights, Constitutional Law, Discrimination, Due Process, Employment Law, Freedom of Speech, Opinion | Leave a Comment »

OPINION: Marriage of Heidema

Posted by mtlawlibrary on January 30, 2007

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

No. 05-734,

2007 MT 20,

IN RE THE MARRIAGE OF

SYDNE KAY HEIDEMA,

Petitioner and Respondent,

and

JACK DALE HEIDEMA,

Respondent and Respondent,

and

DOUGLAS FAW,

Intervenor and Appellant.

Posted in Civil, Civil Procedure, Divorce, Domestic Relations, Intervention, Opinion | Leave a Comment »

UNPUBLISHED OPINION: Thaut v. State

Posted by mtlawlibrary on January 30, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. DA 06-0087,

2007 MT 19N,

GARY THAUT,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Respondent.

Posted in Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Gettle v. Handwerk

Posted by mtlawlibrary on January 30, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. DA 06-0002,

2007 MT 18N,

MARY GETTEL and STEVEN GETTEL,

Plaintiffs and Appellants,

v.

FRANCIS HANDWERK, M.D., Individually, and

GREAT FALLS CLINIC,

Defendants and Respondents.

Posted in Unpublished Opinion | Leave a Comment »

Recent Briefs

Posted by scanner1 on January 26, 2007

List of briefs added to the system between Jan. 22 and Jan. 26:

DA 06-0066, STATE v. SKINNER, Reply Brief, filed 01/24/07

DA 06-0151, STATE v. MARSHALL, Respondent Brief, filed 01/19/07

DA 06-0278, STATE v. MORRISEY, Appellant Brief, filed 01/24/07

DA 06-0376, STATE v. SWENSON, Appellant Brief, filed 01/19/07

DA 06-0453, STATE v. WILSON, Appellant Brief, filed 01/25/07

DA 06-0457, MARRIAGE OF HORTON, Respondent Brief, filed 01/22/07

DA 06-0464, RUNSTROM v. ALLEN, Reply Brief, filed 01/25/07

DA 06-0473, HI-TECH MOTORS v. BOMBARDIER MOTOR CORP., Reply Brief, filed 01/19/07

DA 06-0507, TIMM v. DPHHS, Reply Brief, filed 01/22/07

DA 06-0520, BITTERROOT RIVER PROTECTION v. DEPT. FWP, Amicus Curiae Brief, filed 01/23/07

DA 06-0520, BITTERROOT PROTECTION ASSOCIATION v. DEPT. FWP, Respondent Brief, filed 01/22/07

DA 06-0520, BITTERROOT RIVER PROTECTION v. DEPT. FWP, Respondent Brief, filed 01/19/07

DA 06-0528, STATE v. GARDINER, Respondent Brief, filed 01/22/07

DA 06-0548, STATE v. HENDERSON, Reply Brief, filed 01/22/07

DA 06-0587, STATE v. ASHMORE, Respondent Brief, filed 01/23/07

DA 06-0623, STATE v. MCLAUGHLIN, Appellant Brief, filed 01/18/07

DA 06-0633, MARRIAGE OF WEBB, Appellant Brief, filed 01/22/07

DA 06-0648, STATE v. ANDERSON-CONWAY, Appellant Brief, filed 01/19/07

DA 06-0713, STIPE v. FIRST NATIONAL BANK, Appellant Brief, filed 01/16/07

DA 06-0724, BONNER EDUCATION ASSOCIATION v. BONNER SCHOOL DISTRICT, Reply Brief, filed 01/22/07

DA 06-0725, MARRIAGE OF DAMSCHEN, Appellant Brief, filed 01/19/07

DA 06-0739, STATE v. BARRON, Appellant Brief, filed 01/12/07

DA 06-0763, LEE v. GREAT DIVIDE INSURANCE CO., Appellant Brief, filed 01/24/07

DA 06-0765, STONEHOCKER v. MCDOWELL, Appellant Brief, filed 01/24/07

DA 06-0783, MATTER OF K.M., Appellant Brief, filed 01/19/07

DA 06-0784, MATTER OF T.M., Appellant Brief, filed 01/19/07

DA 06-0785, MATTER OF L.M., Appellant Brief, filed 01/19/07

DA 06-0792, STATE v. HISLOP, Appellant Brief, filed 01/24/07

DA 07-0052, BOCKSNICK v. 4TH JUDICIAL DISTRICT, Petition/Application for Writ, filed 01/19/07

OP 07-0059, PUBLIC DEFENDER v. 20TH JUDICIAL DISTRICT, Petition/Application for Writ, filed 01/22/07

OP 07-0068, O’CONNOR v. DEPT. OF LABOR, Petition/Application for Writ, filed 01/25/07

Posted in Recent Briefs | Leave a Comment »

ANNOUNCEMENT: Public Meeting, next Tues., 1/30

Posted by mtlawlibrary on January 25, 2007

The Montana Supreme Court will hold a public meeting next Tuesday, January 30th, at 1:30 p.m.  For the agenda and location, click here

Posted in Announcements | Leave a Comment »

OPINION: State v. Kotwicki

Posted by mtlawlibrary on January 24, 2007

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

No. 05-178

2007 MT 17

STATE OF MONTANA,

Plaintiff and Respondent,

v.

RAMON KOTWICKI,

Defendant and Appellant.

Posted in Criminal, Criminal Procedure, Opinion, Sentencing | Leave a Comment »

OPINION: State v. Lewis

Posted by mtlawlibrary on January 24, 2007

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

No. 05-619

2007 MT 16

STATE OF MONTANA,

Plaintiff and Respondent,

v.

CAROL LEWIS,

Defendant and Appellant.

Posted in Constitutional Law, Criminal, Criminal Procedure, Ineffective Assistance, Opinion, Speedy Trial | Leave a Comment »

UNPUBLISHED OPINION: Mahoney v. State

Posted by mtlawlibrary on January 23, 2007

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

No. DA 06-0110,

2007 MT 15N,

CHRIS MAHONEY,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Respondent.

Posted in Unpublished Opinion | Leave a Comment »