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 April, 2007

PUBLIC MEETING: May 2, 2007

Posted by mtlawlibrary on April 30, 2007

The Montana Supreme Court will hold a public meeting on Wednesday, May 2, 2007 at 9:00 a.m. to discuss revisions to the Montana Rules of Appellate Procedure.  For more information, see the agenda here.

Posted in Appellate Procedure, Court Rules, Public Meetings | Leave a Comment »

Recent Briefs

Posted by scanner1 on April 27, 2007

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

DA 06-0375, MATTER OF TRUST B UNDER  LAST WILL OF DUNHAM, Reply Brief, filed 04/23/07

DA 06-0441, STATE v. HIXON, Respondent Brief, filed 04/24/07

DA 06-0471, STATE v. GRIFFIN, Reply Brief, filed 04/20/07

DA 06-0552, STATE v. SAMPLES, Reply Brief, filed 04/18/07

DA 06-0629, STOKES v. STATE, Respondent Brief, filed 04/25/07

DA 06-0633, MARRIAGE OF WEBB, Respondent Brief, filed 04/23/07

DA 06-0694, LAKE v. STATE, Respondent Brief, filed 04/24/07

DA 06-0725, MARRIAGE OF DAMSCHEN, Reply Brief, filed 04/26/07

DA 06-0750, BALLAS v. MISSOULA CITY BD. OF ADJUSTMENT, Reply Brief, filed 04/25/07

DA 06-0751, STATE v. POTTER, Respondent Brief, filed 04/19/07

DA 06-0754, DOTY v. COMMISSIONER OF POLITICAL PRACTICES, Reply Brief, filed 04/23/07

DA 06-0766, FISHER v. SWIFT TRANSPORTATION & J&D TRUCK REPAIR, Reply Brief, filed 04/23/07

DA 06-0767, STATE v. RUSSELL, Appellant Brief, filed 04/23/07

DA 06-0774, CLARK FORK COALITION v. MT DEPT. OF ENVIRONMENTAL QUALITY, Reply Brief, filed 04/23/07

DA 06-0800, NEAL v. NELSON, Respondent Brief, filed 04/25/07

DA 06-0802, LARSEN v. WESTERN STATES, Reply Brief, filed 04/23/07

DA 06-0806, STATE v. GARDIPEE, Respondent Brief, filed 04/23/07

DA 07-0006, HARP v. MATTHEWS, Reply Brief, filed 04/20/07

DA 07-0023, MENTAL HEALTH OF E.T., Respondent Brief, filed 04/25/07

DA 07-0024, STATE v. STAMBAUGH, Reply Brief, filed 04/27/07

DA 07-0038, MATTER OF K.J.B., Appellant Brief, filed 04/24/07

DA 07-0060, ABC COLLECTORS v. BIRNEL v. WESTERN MUTUAL INS., Reply Brief, filed 04/20/07

DA 07-0070, MATTER OF M.A., Respondent Brief, filed 04/12/07

DA 07-0071, MATTER OF J.A., Respondent Brief, filed 04/12/07

DA 07-0100, STATE v. HOOD, Appellant Brief, filed 04/20/07

DA 07-0116, THIBODEAU v. BECHTOLD, Appellant Brief, filed 04/26/07

DA 07-0124, KRAUSE v. ERB, Appellant Brief, filed 04/23/07

OP 07-0264, FARMERS INSURANCE v. 4TH JUDICIAL DISTRICT, Petition/Application for Writ, filed 04/19/07

OP 07-0269, DETTERER v. 20TH JUDICIAL DISTRICT, Petition/Application for Writ, filed 04/23/07

Posted in Opinion | Leave a Comment »

ANNOUNCEMENT: Press Release from Chief Justice Karla Gray

Posted by mtlawlibrary on April 25, 2007

The Chief Justice issued this press release today. 

Posted in Announcements | Leave a Comment »

OPINION: State v. Tomaskie

Posted by mtlawlibrary on April 25, 2007

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

No. 04-874,

2007 MT 103,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

KEVIN GENE TOMASKIE,

Defendant and Appellant.

Posted in Criminal, Dangerous Drugs, Opinion, Sentencing | Leave a Comment »

UNPUBLISHED OPINION: State v. Casias

Posted by mtlawlibrary on April 25, 2007

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

No. DA 06-0503,

2007 MT 102N,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

THEODORE A. CASIAS,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: Fischer v. Fischer

Posted by mtlawlibrary on April 24, 2007

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

No. DA 06-0207,

2007 MT 101,

FREDERICK J. FISCHER,

Petitioner and Respondent,

v.

RUBY M. FISCHER,

Respondent and Appellant.

Posted in Appellate Procedure, Child Custody, Civil, Guardianship, Modification of Parenting Plan, Opinion, Parental Rights | Leave a Comment »

OPINION: Matter of G.M.

Posted by mtlawlibrary on April 24, 2007

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

No. DA 06-0370,

2007 MT 100,

IN THE MATTER OF G.M.

Posted in Civil, Mental Health/Commitment, Opinion, Subject Matter Jurisdiction | Leave a Comment »

OPINION: Johnston v. Palmer

Posted by mtlawlibrary on April 24, 2007

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

No. 05-703,

2007 MT 99,

SHAWN JOHNSTON and STEVE JOHNSTON,

d/b/a AFM CONTRACTING,

Plaintiffs and Respondents,

v.

M. STACEY PALMER,

Defendant and Appellant.

Posted in Attorneys' Fees/Costs, Civil, Civil Procedure, Construction Law, Contract, Lien, Opinion | Leave a Comment »

Recent Briefs

Posted by scanner1 on April 21, 2007

List of briefs added to the system between April 16 and April 20:

DA 06-0278, STATE v. MORRISEY, Reply Brief, filed 04/17/07

DA 06-0376, STATE v. SWENSEN, Reply Brief, filed 04/12/07

DA 06-0403, STATE v. ROEDEL, Respondent Brief, filed 04/18/07

DA 06-0565, STATE v. HAYDEN, Reply Brief, filed 04/12/07

DA 06-0654, MT PROFESSIONAL SPORTS v. NAT. INDOOR FOOTBALL LEAGUE, Respondent Brief, filed 04/13/07

DA 06-0655, STATE v. MCFARLANE, Reply Brief, filed 04/12/07

DA 06-0668, OWENS v. DOR, Reply Brief, filed 04/16/07

DA 06-0738, MATTER OF T.P., Respondent Brief, filed 04/17/07

DA 06-0764, SOUTHER v. KIMBERLIN, Reply Brief, filed 04/13/07

DA 06-0770, COLLIER v. KINCHELOE, Reply Brief, filed 04/16/07

DA 06-0808, STATE v. MARLER, Respondent Brief, filed 04/16/07

DA 06-0814, BRUMMER v. STAHL, Respondent Brief, filed 04/13/07

DA 06-0816, STATE v. TORGESON, Reply Brief, filed 04/16/07

DA 07-0061, WALTERS v. LULOFF, Appellant Brief, filed 04/18/07

DA 07-0066, THOMPSON v. LITHIA CHRYSLER JEEP DODGE OF GREAT FALLS, Respondent Brief, filed 04/16/07

DA 07-0066, THOMPSON v. LITHIA CHRYSLER JEEP DODGE OF GREAT FALLS, Respondent Brief, filed 04/16/07

DA 07-0082, GRAHAM v. STATE, Appellant Brief, filed 04/16/07

DA 07-0084, ST. JAMES HEALTHCARE v. COLE, Amicus Curiae Brief, filed 04/12/07

Posted in Recent Briefs | Leave a Comment »

OPINION & ORDER: Petition of Gilham/Marble v. State

Posted by mtlawlibrary on April 19, 2007

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

No. PR 06-0118,

2007 MT 98,

CODY WILLIAM MARBLE,

Petitioner ,

v. 

STATE OF MONTANA,

Respondent.

Posted in Attorney Discipline, Criminal Procedure, Opinion and Order | Leave a Comment »