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 June, 2008

OPINION: Crail Creek v. Olson

Posted by scanner1 on June 25, 2008

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

05-536,

2008 MT 209,

CRAIL CREEK ASSOCIATES, LLC, a Montana Limited Liability Corporation,

Plaintiff and Appellee,

v.

ROBERT W. OLSON,

Defendant and Appellant.

Posted in Interest, Judgment as a Matter of Law, Lien, Opinion | Leave a Comment »

OPINION: K&R v. City of Whitefish

Posted by scanner1 on June 25, 2008

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

DA 06-0051,

2008 MT 228,

K&R PARTNERSHIP,

Plaintiff, Appellee and Cross-Appellant.

v.

CITY OF WHITEFISH,

Defendant and Appellant.

Posted in Contract, Cost to Cure, Eminent Domain, Inverse Condemnation, Landowner Witness Rule, Litigation Expenses, Opinion | Leave a Comment »

OPINION: State v. Johnson

Posted by scanner1 on June 24, 2008

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

DA 06-0673,

2008 MT 227,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JOVON QUINN JOHNSON, a/k/a JOVON QUINN WOODENLEGS,

Defendant and Appellant.

Posted in Aggravated Assault, Appellate Practice, Evidence, Jury Instructions, Opinion | Leave a Comment »

OPINION: Davis v. State

Posted by scanner1 on June 24, 2008

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

DA 06-0389,

2008 MT 226,

GEORGE H. DAVIS,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Appellee.

Posted in Express Reversal of Prior Case Law, Opinion, Postconviction Relief, Statute of Limitations, Subject Matter Jurisdiction | Leave a Comment »

OPINION: Estates of Swanson

Posted by scanner1 on June 24, 2008

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

DA 07-0247,

2008 MT 224,

IN THE MATTER OF THE ESTATES OF LOUISA ANN SWANSON and SWEN PAUL SWANSON,

Decedents.

Posted in "feloniously and intentionally kills", Criminal vs. Civil Liability, Custody in lieu of Inprisionment, Opinion, Slayer statute | Leave a Comment »

OPINION: Smith v. B.N. & Santa Fe Railway

Posted by scanner1 on June 24, 2008

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

DA 06-0649,

2008 MT 225,

AMELIA M. SMITH by and through her mother and next friend SAMANTHA R. REINERT, conservator and personal representative of the estate of PHILLIP DAVID SMITH, deceased,

Plaintiff and Appellant,

v.

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, DON BOESPFLUG and LANCE VALLONE,

Defendants and Appellees.

Posted in Evidence, Federal Preemption, Opinion, Railroad crossings, Standard of Review, Summary Judgment, affidavits | Leave a Comment »

OPINION AND ORDER: Alkire v. Municipal Court, City of Missoula

Posted by scanner1 on June 19, 2008

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

OP 08-0233,

2008 MT 223,

TIMOTHY D. ALKIRE,

Petitioner,

v.

MUNICIPAL COURT, CITY OF MISSOULA, KAREN TOWNSEND, Acting Municipal Court Judge,

Respondents.

 

 

Posted in Interpreter for Deaf, Opinion and Order, Public Defender Statutes, Statutory Interpretation, Writ of Supervisory Control | Leave a Comment »

UNPUBLISHED OPINION: Weaver v. State

Posted by scanner1 on June 18, 2008

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

DA 07-0555,

2008 MT 222N,

WILLIAM LARRY WEAVER,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Appellee.

Posted in Postconviction Relief, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Marriage of Pilskalns

Posted by scanner1 on June 18, 2008

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

DA 07-0042,

2008 MT 221N,

IN RE THE MARRIAGE OF:

KARA KATHERINE PILSKALNS, n/k/a CRISIFULLI,

Petitioner/Counter-Respondent and Appellant,

and

ANDREW VITOLDS PILSKALNS,

Respondent/Counter-Petitioner and Appellee.

Posted in Divorce, Marital Estate, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: McClure v. State

Posted by scanner1 on June 18, 2008

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

DA 07-0395,

2008 MT 220N,

SPENCER JEAN McCLURE,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Appellee.

Posted in Ineffective Assistance, Parole, Postconviction Relief, Unpublished Opinion | Leave a Comment »