NEW RULES TAKE EFFECT MONDAY, OCTOBER 1ST

Several new rules of practice and procedure take effect MONDAY, OCTOBER 1, 2007:

Montana Rules of Appellate Procedure

Montana Rules of Evidence, 407, 803, 806

Ninth Circuit Opinion: US v. Sullivan

The United States Court of Appeals for the Ninth Circuit issued an Opinion today in U.S. v. Sullivan reversing the decision of District Judge Sam E. Haddon, in which Judge Haddon revoked the defendant’s supervised release when defendant violated the terms of his supervised release by failing a drug test.  The Ninth Circuit determined that the defendant’s detention in a Montana pre-release center did not constitute imprisonment under federal law.  As such, the defendant’s period of supervised release actually began when he was transferred to the pre-release center and expired before the government filed a petition for revocation of his supervised release. 

Montana Legal Services Tip of the Week: Credit Card Bills

Did you know . . .

that you have the right to fight credit card billing mistakes? You can write a letter to the credit card company to tell them that you see a mistake in your credit card statement. Use certified mail. Ask for a return receipt. The letter must get to the credit card company within 60 days after the first bill with the mistake was sent to you.

For more information, please visit the Consumer section on MontanaLawHelp.org.  Or, you can call the Montana Legal Services Association HelpLine at 1-800-666-6899.

UNPUBLISHED OPINION: State v. Golden

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 06-0065,

2007 MT 247N,

STATE OF MONTANA,
Plaintiff and Respondent,

v.

GARRY D. GOLDEN,
Defendant and Appellant.

OPINION: Matter of D.B. & D.B.

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

DA 07-0164,

2007 MT 246,

IN THE MATTER OF
D.B. and D.B.,
Youths In Need Of Care.

UNPUBLISHED OPINION: McCone County Federal Credit Union v. Mavity

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 06-0467,

2007 MT 242N,

McCONE COUNTY FEDERAL CREDIT UNION,

Plaintiff and Respondent,

v.

SHARON L. MAVITY, DONALD BAUE,
WILLIAM REHBEIN and ALLEN R. GROW,

Defendants,

JULIE R. REHBEIN, JUANITA CARRANZA,
and A. MARGARET CARRANZA,

Defendants, Counterclaimants and Appellants.

OPINION: State v. Spencer

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

05-627,

2007 MT 245,

STATE OF MONTANA,
Plaintiff and Respondent,

v.

KIRK WAYNE SPENCER,
Defendant and Appellant.

OPINION: State v. Racz

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

DA 06-0219,

2007 MT 244,

STATE OF MONTANA,
Plaintiff and Respondent,

v.

PAUL LASZLO RACZ,
Defendant and Appellant.

OPINION: State v. Parker

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

05-681,

2007 MT 243,

STATE OF MONTANA,
Plaintiff and Respondent,

v.

KIM LUCAS PARKER,
Defendant and Appellant.

NINTH CIRCUIT OPINION: U.S. v. Sinerius

The United States Court of Appeals for the Ninth Circuit today issued an Opinion affirming the decision of District Judge Charles E. Lovell, in which Judge Lovell concluded that a federal defendant’s prior conviction for “sexual assault” under Montana state law triggers an enhanced penalty under the sentencing provisions applicable to his federal crimes.