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 December, 2008

OPINION: Wallace v. State

Posted by scanner1 on December 31, 2008

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

05-473,

2008 MT 465,

BRUCE BUHMANN, SHIRLEY BUHMANN, CIRCLE EAGLE GAME FARM, LEN WALLACE, PAMELA WALLACE, and BIG VELVET RANCH,

Plaintiffs and Appellants,

v.

STATE OF MONTANA, MIKE McGRATH, and JEFF HAGENER,

Defendants and Appellees,

SPORTSMEN FOR I-143, MONTANA WILDLIFE FEDERATION,

Defendant-Intervenors and Appellees.

Posted in Bifurcation, Constitutional Law, Dissent, Game Farm, Literary Reference, Montana Constitutional Law, Opinion, Private Property, Severance, Takings, Venue | Leave a Comment »

OPINION: State v. White

Posted by scanner1 on December 31, 2008

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

DA 07-0758,

2008 MT 464,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JODI MICHELLE WHITE,

Defendant and Appellant.

Posted in Conditions, Deferred Sentence, Illegal Sentence, Opinion, Revocation of Deferred Sentence, Revocation of Suspended Sentence, Suspended Sentence | Leave a Comment »

UNPUBLISHED OPINION: Wilber v. GMAC Mortgage

Posted by scanner1 on December 31, 2008

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 07-0667,

2008 MT 463N,

CURTIS D. WILBER and DEBRA S. WILBER,

Plaintiffs and Appellants,

v.

GMAC MORTGAGE CORPORATION,

Defendant and Appellee.

Posted in Appeal without merit, Forebearance Agreement, Foreclosure, Unpublished Opinion | Leave a Comment »

OPINION: Tarlton v. Kaufman

Posted by scanner1 on December 31, 2008

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

DA 07-0590,

2008 MT 462,

ROBERT TARLTON and MARY TARLTON,

Plaintiffs and Appellants,

v.

JAMES KAUFMAN and GRETCHEN KAUFMAN,

Defendants and Appellees.

Posted in Declaratory Judgment, Dissent, Evidence, Jury Instructions, Jury View, Literary Reference, Nuisance, Opinion, Spite Fence | Leave a Comment »

OPINION: Marriage of Smith

Posted by scanner1 on December 31, 2008

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

DA 08-0008,

2008 MT 461,

DANIEL SMITH,

Petitioner and Appellant,

v.

PAMELA SMITH, n/k/a PAMELA BRISTOL,

Respondent and Appellee.

Posted in Defense, Motion to Dismiss, Opinion, Personal Jurisdiction, Waiver | Leave a Comment »

OPINION: Kafka v. Dept. of Fish, Wildlife & Parks

Posted by scanner1 on December 31, 2008

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

05-146,

2008 MT 460,

KIM J. KAFKA and CINDY R. KAFKA, Individually and as Husband and Wife; and as members of DIAMOND K RANCH ENTERPRISES LLC, a Montana Limited Liability Company, Plaintiffs and Appellants, and JACK BRIDGEWATER and MYRA BRIDGEWATER, Individually and as members of PHANTOM BULL ELK RANCH LLC, and JIM BOUMA and BARBARA BOUMA,

Plaintiff-Intervenors and Appellants,

v.

THE MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS, and THE STATE OF MONTANA,

Defendants and Appellees,

and

SPORTSMEN FOR I-143, MONTANA WILDLIFE FEDERATION,

Defendant-Intervenors and Appellees.

Posted in Dissent, Game Farm, Licenses, Opinion, Takings, Voter Initative | Leave a Comment »

UNPUBLISHED OPINION: State v. Lopez

Posted by scanner1 on December 31, 2008

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

DA 07-0734,

2008 MT 459N,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JESUS MIGUEL LOPEZ,

Defendant and Appellant.

Posted in Criminal Endangerment, Juror, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: State v. Foster-DeBerry

Posted by scanner1 on December 31, 2008

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

DA 08-0159,

2008 MT 458N,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

CAROL FOSTER-DeBERRY,

Defendant and Appellant.

Posted in Criminal Distribution of Dangerous Drugs, Depositions, Testimony, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Reeves v. Bailey

Posted by scanner1 on December 31, 2008

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

DA 07-0699,

2008 MT 457N,

MICHAEL F. REEVES,

Plaintiff and Appellee,

v.

RANDY R. BAILEY,

Defendant and Appellant.

Posted in Appeal without merit, Quiet Title, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Tuttle v. DOJ, Highway Patrol

Posted by scanner1 on December 31, 2008

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

DA 08-0059,

2008 MT 456N,

MITCH TUTTLE,

Plaintiff and Appellant,

v.

DEPARTMENT OF JUSTICE OF THE STATE OF MONTANA, MONTANA HIGHWAY PATROL,

Defendant and Appellee.

Posted in Claim Preclusion, Unpublished Opinion | Leave a Comment »