Justice Beth Baker delivered the Opinion of the Court. 1 Holly and Robert Labair sued Steve Carey and the Carey Law Firm (collectively Carey) for legal malpractice. Following this Court's reversal and remand of a summary judgment order, Judge Edward P. McLean assumed jurisdiction in the case. Judge McLean retired after the trial, and Chief Justice Mike McGrath issued an order calling him to active service to preside over the case. Following Judge McLean's entry of final judgment, the...
Justice Beth Baker delivered the Opinion of the Court. 1 In 2008, Gunnersfield Enterprises, Inc. purchased five condominium units and an adjoining vacant lot. The deed was properly recorded and a Realty Transfer Certificate was submitted to the Department of Revenue, which did not correctly update its ownership records for the vacant lot. Gunnersfield received notice of and paid the tax assessments for the five condominium units each year, but the Gallatin County Treasurer continued to...
Justice Jim Rice delivered the Opinion of the Court. 1 Barton Howard (Howard) appeals from the judgment entered by the Nineteenth Judicial District Court, Lincoln County, convicting him of Criminal Endangerment under 45-5-207, MCA. We affirm, addressing the following issues: 1. Is Howard's claim of judicial bias reviewable for plain error 2. Is Howard's claim of ineffective assistance of counsel reviewable on direct appeal FACTUAL AND PROCEDURAL BACKGROUND 2 On March 31,...
Chief Justice Mike McGrath delivered the Opinion of the Court. 1 Jamie Michelle Koon appeals from the District Court's Order on Defendant's Motion to Dismiss dated April 9, 2015. We affirm and remand for correction of the sentence. 2 We restate the issues on appeal as follows: Issue One: Whether the District Court erred in dismissing Koon's motion to dismiss the petition to revoke her suspended sentence on the ground that there had been a four-year delay in executing the arrest...
Justice Laurie McKinnon , delivered the Opinion of the Court. 1 Justin Williams (Williams) appeals from an order entered by the Fourth Judicial District Court, Missoula County, affirming the Municipal Court of the City of Missoula's denial of his motion to suppress blood evidence in a DUI proceeding against him. We affirm. 2 Williams presents the following issues for our review: 1. Whether the District Court erred in affirming a telephonic search warrant issued pursuant to 61-8-402(...
Justice James Jeremiah Shea delivered the Opinion of the Court. 1 Plaintiff Kelly G. Watson ("Watson") appeals the January 25, 2017 Order by the Eighth Judicial District Court, Cascade County, granting Defendant Burlington Northern and Sante Fe Railway Company's ("BNSF") motion for summary judgment on Watson's asbestos-related disease claim, brought under the Federal Employers' Liability Act ("FELA"). The dispositive issue in this matter is as follows: Whether the Bankruptcy Court's...
Justice Michael E Wheat delivered the Opinion of the Court. 1 This appeal comes from the District Court's grant of a motion to dismiss finding McAtee's amended complaint constituted improper serial litigation. 2 We restate the issue on appeal as follows: Did the District Court err in granting defendants' motion to dismiss McAtee's amended complaint when it found that the action constituted improper serial litigation pursuant to 3-1-502, MCA FACTUAL AND PROCEDURAL BACKGROUND...
Justice Michael E Wheat delivered the Opinion of the Court. 1 Dana Rolan and the class she represents appeal from the order of the First Judicial District Court, Lewis and Clark County, granting New West Health Service's (New West) motion for summary judgment. Finding the issue stated below dispositive we decline to address the additional issues raised by the parties. We reverse and remand for further proceedings. 2 We restate the issue on appeal as follows: Whether the District...
OPINION AND ORDER Justice Laurie McKinnon delivered the Opinion and Order of the Court. 1 Petitioners challenge the constitutionality of Constitutional Initiative 116 (CI-116), commonly known as Marsy's Law, in an original petition for declaratory judgment and injunctive relief. The merits of CI-116 and the policy choices behind it are not at issue in this case. The only question before this Court is whether the procedure by which CI-116 was submitted to voters conformed to Montana's...
Justice Jim Rice delivered the Opinion of the Court. 1 The State of Montana appeals the order entered by the First Judicial District Court, Lewis and Clark County, reversing the Helena Municipal Court's order denying Christopher Brown's motion to suppress evidence related to his arrest for driving under the influence of alcohol (DUI). We reverse the District Court's order, addressing the following issue: Did the District Court err by concluding that particularized suspicion did not...
Justice Jim Rice delivered the Opinion of the Court. 1 Neill Fishman (Fishman) appeals the entry of summary judgment by the Eleventh Judicial District Court, Flathead County in favor of GRBR, Inc. (GRBR). We affirm, addressing the following issue: Did the District Court err by granting summary judgment to the defendant pursuant to the "Equine Activities Act" FACTUAL AND PROCEDURAL BACKGROUND 2 GRBR is a Montana corporation owned by Don Gaynor (Don) and operated by Don and his...
Chief Justice Mike McGrath delivered the Opinion of the Court. 1 This is an appeal from the Water Court's August 30, 2016 "Order Regarding Danreuther Ranches Water Right Claims." We affirm in part and reverse in part. 2 We restate the issues on appeal as follows: Issue One (Canal Companies): Whether the Water Court erred in its orders regarding Danreuther Claim Nos. 41O 156802-00; 41O 156804-00; 41O 156805-00; and implied Claim No. 30106965. Issue Two (Danreuther cross-appeal):...
Justice Michael E Wheat delivered the Opinion of the Court. 1 David Cole Estes appeals the Sixth Judicial District Court's order denying his motion to suppress evidence based on a lack of particularized suspicion to seize his vehicle. We affirm. 2 We restate the issue on appeal as follows: Whether the District Court correctly denied Estes' motion to suppress evidence. FACTUAL AND PROCEDURAL BACKGROUND 3 On December 7, 2014, Trooper Eric Fetterhoff stopped David Estes (Estes)...
Justice Beth Baker delivered the Opinion of the Court. 1 The State charged Daryl Strang with Abuse or Exploitation of an Older Person for allegedly exploiting 83-year-old Ben Poat financially and for failing to care for him. Before the case went to trial, Poat was appointed a guardian and a conservator. The conservator secured rulings in a separate case divesting Strang of assets Poat had conveyed to him. The jury found Strang guilty of the charges. The District Court denied Strang's...
Justice Jim Rice delivered the Opinion of the Court. 1 Appellant City of Billings (City) appeals the orders and judgment of the Thirteenth Judicial District Court, Yellowstone County, holding the City incorrectly paid "longevity" wage benefits under successively negotiated Collective Bargaining Agreements (CBAs), and awarding damages to Appellees Ernie Watters, et al., and all others similarly situated (Officers). The City raises six issues, but we reverse and remand for further...
Chief Justice Mike McGrath delivered the Opinion of the Court. 1 Joel Henrik Stone (Stone) appeals the District Court's order vacating his guilty plea to felony partner or family member assault and his subsequent prosecution for aggravated assault. We affirm. 2 We restate the issues on appeal as follows: Issue One: Did the District Court err by vacating Stone's guilty plea Issue Two: Was Stone twice put in jeopardy for the same offense FACTUAL AND PROCEDURAL BACKGROUND 3 On...
Justice Jim Rice delivered the Opinion of the Court. 1 Andrew David Golie (Golie) appeals the denial of his petition for postconviction relief (PCR), which claimed ineffective assistance by his trial counsel. We affirm, and address the following issues: 1. Did counsel render ineffective assistance by not objecting to the mental-state jury instruction 2. Did counsel render ineffective assistance by not objecting to evidence regarding Golie's "brothers" or "Modern Outlaw" 3. Did...
