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, 2009

OPINION: State v. Foston

Posted by scanner1 on May 28, 2009

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

DA 08-0225,

2009 MT 191,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JOHNNIE LEE FOSTON,

Defendant and Appellant.

Posted in Concurrence, Electronic Monitoring, Evidence, Goetz, Opinion, Plain Error Review | Leave a Comment »

UNPUBLISHED OPINION: Hughes v. St. James Hospital

Posted by scanner1 on May 28, 2009

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0394,

2009 MT 190N,

EUGENE F. HUGHES, JR., M.D.,

Plaintiff and Appellant,

v.

ST. JAMES COMMUNITY HOSPITAL, INC., a Montana non-profit corporation, and the MEDICAL STAFF OF ST. JAMES COMMUNITY HOSPITAL, an unincorporated association,

Defendants and Appellees.

Posted in Constitutional Law, Peer Review, Physicians, Summary Judgment, Unpublished Opinion, Well Settled Montana Law | Leave a Comment »

UNPUBLISHED OPINION: Rattlesnake Coalition v. City of Missoula

Posted by scanner1 on May 28, 2009

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0368,

2009 MT 189N,

THE RATTLESNAKE COALITION, LOREEN FOLSOM, WILLIAM HOLLENBAUGH and DANIEL JENSEN,

Plaintiffs and Appellants,

v.

CITY OF MISSOULA, STATE OF MONTANA, and MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY,

Defendants and Appellees.

Posted in Environmental Law, Laches, MERA, Unpublished Opinion, Well Settled Montana Law | Leave a Comment »

OPINION: LeFeber v. Johnson

Posted by scanner1 on May 28, 2009

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

DA 08-0374,

2009 MT 188,

JAMES A. LeFEBER,

Petitioner and Appellant,

v.

MAGGIE R. JOHNSON, a/k/a MARGARET ROSE JOHNSON,

Respondent, Appellee, and Cross-Appellant.

Posted in Constructive Trust, Equity Jurisdiction, Opinion, Partition, Tenants in Common | Leave a Comment »

OPINION: Marriage of Crilly

Posted by scanner1 on May 28, 2009

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

DA 07-0426,

2009 MT 187,

IN RE THE MARRIAGE OF

IRENE CRILLY,

Petitioner and Appellant,

and

DONALD CRILLY,

Respondent and Appellee.

Posted in Maintenence, Opinion, Property Settlement | Leave a Comment »

OPINION: Marriage of Renner

Posted by scanner1 on May 28, 2009

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

DA 08-0472,

2009 MT 186,

IN RE THE MARRIAGE OF

JACQUELINE J. SWANNER-RENNER,

Petitioner, Appellee and Cross-Appellant,

and

JAMES GERALD RENNER,

Respondent and Appellant.

Posted in Common Law Marriage, Opinion, Property Settlement | Leave a Comment »

OPINION: Emanuel v. Great Falls School Dist.

Posted by scanner1 on May 27, 2009

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

DA 08-0282,

2009 MT 185,

PATTY EMANUEL and PATTY EMANUEL AS PARENT AND NATURAL GUARDIAN OF ANDREW EMANUEL,

Plaintiff and Appellant,

v.

GREAT FALLS SCHOOL DISTRICT, ALICE ROBBINS (aka ALICE HORAK), MERRITT ROBBINS, DANIEL ROBBINS, BRANDON SAND and DOES A THROUGH Z INCLUSIVE,

Defendants and Appellees.

Posted in Negligence, Opinion, Trial Procedure | Leave a Comment »

OPINION: Marriage of D’Alton

Posted by scanner1 on May 27, 2009

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

DA 08-0624,

2009 MT 184,

IN RE THE MARRIAGE OF

WILLIAM A. D’ALTON,

Petitioner and Appellant,

v.

MOIRA MURPHY D’ALTON,

Respondent and Appellee.

Posted in Attorneys' Fees/Costs, Opinion, Parenting Plan, Property Settlement | Leave a Comment »

UNPUBLISHED OPINION: Marble v. State

Posted by scanner1 on May 27, 2009

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

DA 08-0359,

2009 MT 183N,

CODY WILLIAM MARBLE,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Appellee.

Posted in Ineffective Assistance, Newly Discovered Evidence, Postconviction Relief, Prosecutorial Misconduct, Unpublished Opinion, Well Settled Montana Law | Leave a Comment »

OPINION: Citizens v. Sanders Co. Commissioners

Posted by scanner1 on May 22, 2009

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

DA 08-0045,

2009 MT 182,

CITIZENS FOR RESPONSIBLE DEVELOPMENT, an unincorporated association and DAN SLOAN, an individual,

Petitioners and Appellants,

v.

THE BOARD OF COUNTY COMMISSIONERS OF SANDERS COUNTY, a body politic and a political subdivision of the State of Montana,

Respondent and Appellee.

Posted in Environmental Law, Opinion, Subdivisions | Leave a Comment »