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 May, 2007

UNPUBLISHED OPINION: Matter of M.A. & Matter of J.A.

Posted by mtlawlibrary on May 31, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following consolidated cases:

No. DA 07-0070,

No. DA 07-0071,

2007 MT 127N

IN THE MATTER OF THE CUSTODY AND

PARENTAL RIGHTS OF M.A. and J.A.,

Youths In Need of Care.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: State v. Swann

Posted by mtlawlibrary on May 31, 2007

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

DA 06-0020,

2007 MT 126,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

BRYAN LEE SWANN,

Defendant and Appellant.

Posted in Assault with Weapon, Criminal, Directed Verdict, Jury Instructions, Opinion, Standard of Review | Leave a Comment »

OPINION: State v. Doyle

Posted by mtlawlibrary on May 31, 2007

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

No. 05-362,

2007 MT 125,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

KEITH EUGENE DOYLE,

Defendant and Appellant.

Posted in Character Evidence, Confrontation, Constitutional Law, Criminal, Deliberate Homicide, Due Process, Evidence, Jury, Jury Instructions, Knowingly, Lesser Included Offense, Opinion, Prior Convictions, Purposely, Speedy Trial | Leave a Comment »

OPINION: Estate of Hilston v. State

Posted by mtlawlibrary on May 30, 2007

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

DA 06-0188,

2007 MT 124,

THE ESTATE OF TIMOTHY A. HILSTON, by

MARY ANN HILSTON, Personal Representative, and

MARY ANN HILSTON, on her own behalf,

Plaintiffs and Appellants,

v.

THE STATE OF MONTANA,

Defendant and Respondent.

Posted in Animals, Civil, Negligence, Opinion, Premises Liability | Leave a Comment »

OPINION: LHC, Inc. v. Alvarez

Posted by mtlawlibrary on May 30, 2007

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

No. DA 06-0407,

2007 MT 123,

LHC, INC., a Montana corporation,

Plaintiff and Respondent,

v.

ROBERTO ALVAREZ, as Trustee of the Alvarez

Family Trust u/d/t dated October 10, 1088,

Defendant and Appellant,

and

FIRST NATIONAL BANK OF MONTANA, INC.,

Defendant.

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

ANNOUNCEMENT: Advanced Search Page Launched!

Posted by mtlawlibrary on May 30, 2007

About two weeks ago, the State Law Library quietly launched our new Advanced Search page for our Montana Supreme Court Cases database.   This advanced search function allows you to combine multiple criteria for a case into a single search.  For example,

  • Recent Briefs:  You can now search for all recently filed briefs by choosing the Document Type of All Party Documents and then by adding a date range.  You get to choose the length of time — all briefs for the past week, month, or whatever time frame you like.  Please note:  we will no longer be posting a list of recent briefs on this Newsfeed since you can now access them easily online. 
  • Recent Opinions:  Although we still offer a quick link to the opinions issued in the past 30 days, you can now choose to view all documents with a Document Type of Opinion/Order within a different date range.  So, if you want to find an Opinion issued some time in the past six months, you can do it!
  • Citation Search:  You can now search by MT Citation (Montana’s neutral citation format).  If you don’t have an MT Citation, try our Party Name Search instead.  You can enter either one or two different party names (e.g., State of Montana and John Doe).  It’s the fastest and easiest way to find a case if all you have is a citation. 
  • No more irrelevant briefs in your results:  Are you looking for an Opinion on a subject and not just a Reply Brief that mentions that topic randomly in a footnote?  Try limiting your results by choosing the Document Type of Opinion/Order.  That way, your results will only include Supreme Court opinions that discuss your topic. 
  • Advanced Full Text Searching:  You can now search the database for documents containing any combination of 3 words or phrases.  Try using the OR function for synonyms or acronyms.  Use the AND function to limit your results by specific facts or legal concepts. 
  • And many more . . . :  The advanced search page also lets you search by the author of the opinion, the names of the attorneys on appeal, case type, issues presented, trial court judge, and trial court case number.  Check it out!  If you have any questions, contact the Reference Librarian at 406-444-3636 or mtlawlibrary at mt dot gov for more information.

Posted in Announcements | Leave a Comment »

OPINION: Matter of Z.M.

Posted by mtlawlibrary on May 30, 2007

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

No. DA 06-0660,

2007 MT 122,

IN THE MATTER OF Z.M.,

A Youth.

Posted in Appellate Procedure, Arrest - No Warrant, Constitutional Law, Criminal, Miranda, Motion to Suppress, Opinion, Particularized Suspicion, Youth Court | Leave a Comment »

UNPUBLISHED OPINION: In Re J.M & R.M., Jr.

Posted by mtlawlibrary on May 30, 2007

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

No. DA 06-0466,

2007 MT 121N,

IN RE THE PARENTING OF

J.M. and R.M., JR.,

Youths in Need of Care.

Posted in Unpublished Opinion | Leave a Comment »

Recent Briefs

Posted by scanner1 on May 24, 2007

List of briefs added to the system between May 21 and May 24:

DA 06-0604, STATE v. HINKLE, Respondent Brief, filed 05/23/07

DA 06-0615, MATTER OF G.M., Reply Brief, filed 05/11/07

DA 06-0661, STATE v. SADOWSKY, Reply Brief, filed 05/14/07

DA 06-0664, STATE v. HAMELINE, Respondent Brief, filed 05/15/07

DA 06-0673, STATE v. JOHNSON, Respondent Brief, filed 05/21/07

DA 06-0719, FIRST CITIZENS BANK v. SULLIVAN, Appellant Brief, filed 05/04/07

DA 06-0734, FLYNN & MILLER v. STATE FUND & LIBERTY NORTHWEST, Respondent Brief, filed 05/22/07

DA 06-0749, STATE v. KIRKLAND, Appellant Brief, filed 05/14/07

DA 06-0778, FAUST v. UTILITY SOLUTIONS, Respondent Brief, filed 05/04/07

DA 06-0778, FAUST v. UTILITY SOLUTIONS, Respondent Brief, filed 05/07/07

DA 06-0778, FAUST v. UTILITY SOLUTIONS, Reply Brief, filed 05/18/07

DA 06-0791, SATTERLEE, ZENAHLIK, & FOSTER v. LUMBERMAN’S MUTUAL CASUALTY CO. & MONTANA STATE FUND, Respondent Brief, filed 05/11/07

DA 06-0798, MARRIAGE OF PETRYSZAK, Respondent Brief, filed 05/04/07

DA 06-0798, MARRIAGE OF PETRYSZAK, Reply Brief, filed 05/18/07

DA 06-0807, MARRIAGE OF LUNDSTROM & SCHOLZ, Respondent Brief, filed 05/04/07

DA 06-0814, BRUMMER v. STAHL, Reply Brief, filed 05/11/07

DA 06-0819, CLOUSE v. LEWIS & CLARK COUNTY, Appellant Brief, filed 05/21/07

DA 06-0822, MINEZ v. STATE, Appellant Brief, filed 05/10/07

DA 06-0826, BEVAN v. LIBERTY NORTHWEST, Respondent Brief, filed 05/01/07

DA 06-0826, BEVAN v. LIBERTY NORTHWEST, Reply Brief, filed 05/11/07

DA 06-0831, SCHOONEN v. REICHLE, Respondent Brief, filed 05/02/07

DA 06-0831, SCHOONEN v. REICHLE, Reply Brief, filed 05/15/07

DA 06-0837, MT PETROLEUM v. FEDERATED SERVICES, Appellant Brief, filed 05/18/07

DA 06-0847, THOMPSON v. ROEDEL, Appellant Brief, filed 05/21/07

DA 07-0022, SCHUFF v. JACKSON, Appellant Brief, filed 05/21/07

DA 07-0033, MARRIAGE OF ESTEP, Respondent Brief, filed 05/04/07

DA 07-0033, MARRIAGE OF ESTEP, Reply Brief, filed 05/21/07

DA 07-0050, MCCORMACK v. ANDRES, Appellant Brief, filed 05/18/07

DA 07-0053, HINMAN v. STATE FUND, Respondent Brief, filed 04/30/07

DA 07-0063, HENESH v. BOARD OF COMMISSIONERS OF GALLATIN CO., Appellant Brief, filed 05/01/07

DA 07-0076, ROBERTUS v. FARMERS UNION MUTUAL INS., Appellant Brief, filed 05/04/07

DA 07-0084, ST. JAMES HEALTHCARE v. COLE, Respondent Brief, filed 05/11/07

DA 07-0096, MODROO v. NATIONWIDE MUTUAL, Appellant Brief, filed 05/02/07

DA 07-0096, MODROO v. NATIONWIDE MUTUAL, Appellant Brief, filed 05/02/07

DA 07-0099, STATE v. CLARK, Appellant Brief, filed 05/14/07

DA 07-0114, STATE v. LEWIS, Respondent Brief, filed 05/09/07

DA 07-0114, STATE v. LEWIS, Reply Brief, filed 05/23/07

DA 07-0119, STATE v. SORENSEN, Appellant Brief, filed 05/18/07

DA 07-0179, STATE v. DESCHAZO, Appellant Brief, filed 05/09/07

DA 07-0193, HOMME v. RADOVICH, Appellant Brief, filed 05/18/07

DA 07-0235, MATTER OF A.J.M.M., Appellant Brief, filed 05/16/07

OP 07-0132, BRADY v. PPL MONTANA, LLC, Appellant Brief, filed 05/04/07

OP 07-0132, BRADY v. PPL MONTANA, LLI, Amicus Curiae Brief, filed 05/04/07

OP 07-0320, WHITCHER v. 13TH JUDICIAL DISTRICT, Petition/Application for Writ, filed 05/22/07

Posted in Recent Briefs | Leave a Comment »

OPINION & ORDER: Harding v. Garcia

Posted by mtlawlibrary on May 22, 2007

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

No. DA 07-0167,

2007 MT 120,

LIBBIE HARDING,

Plaintiff and Respondent,

v.

STEPHEN GARCIA and PROFESSIONAL

HEALTH PLANNING, INC.,

Defendants and Appellants.

Posted in Appellate Procedure, Attorneys' Fees/Costs, Opinion and Order | Leave a Comment »