Justice James Jeremiah Shea delivered the Opinion of the Court. 1 JEM Contracting, Inc. and John and Eileen Schwichtenberg (collectively, "JEM") appeal an order of the Thirteenth Judicial District Court, Yellowstone County, granting Ohio Farmers Insurance Company's (OFIC) motion for partial summary judgment on the pleadings. We address the following issue: Whether the District Court erred in granting partial summary judgment on the pleadings to OFIC. 2 We affirm. PROCEDURAL AND...
Justice Beth Baker , delivered the Opinion of the Court. 1 The Cascade County Board of Commissioners terminated Stacey Bird from her position as the County's Human Resources Director. Bird filed a wrongful discharge claim against the County and the Board of Commissioners. The Eighth Judicial District Court held that the County had good cause to terminate Bird. It granted the County summary judgment. Bird appeals on the ground that a jury must determine the issue of good cause. 2 We...
Justice Patricia Cotter delivered the Opinion of the Court. 1 Intervenors Patrick and Corinne Gilbert appeal from a placement hearing held in the Ninth Judicial District Court, Glacier County, determining that the Department of Health and Human Services's (Department) placement of B.W.S. with the Watson family was in B.W.S.'s best interests. We affirm. ISSUE 2 On appeal, the Gilberts raise nine issues. We restate the dispositive issue as follows: Whether the District Court erred in...
Justice Patricia Cotter delivered the Opinion of the Court. 1 William Lawrence appeals from his conviction for felony theft following a jury trial in the First Judicial District Court, Lewis and Clark County. Lawrence raises allegations of prosecutorial misconduct, ineffective assistance of counsel, and an abuse of discretion by the District Court. We reverse and remand for a new trial. ISSUE 2 Lawrence raises four issues on appeal. We restate the dispositive issue as follows:...
Justice BETH BAKER , delivered the Opinion of the Court. 1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports. 2 Jessie Meacham appeals the Fourth Judicial District Court's order denying...
Justice James Jeremiah Shea delivered the Opinion of the Court. 1 J.W. appeals an order of the Fifth Judicial District Youth Court, Jefferson County, granting the State of Montana's motion to transfer J.W.'s case to the Fifth Judicial District Court, Jefferson County, and denying J.W.'s motion to suppress statements he made to treatment providers. We address the following issues: Issue One: Whether the Youth Court erred in granting the State's motion to transfer J.W.'s Youth Court...
Chief Justice Mike McGrath delivered the Opinion of the Court. 1 Billy Joe Watts (Watts) appeals from the District Court's denial of his motion to dismiss his previous Partner Family Member Assault (PFMA) convictions based on the unconstitutionality of the PFMA statute. We affirm. 2 We restate the issue on appeal as follows: Did the District Court err when it denied Watts' motion to dismiss his felony conviction of Partner Family Member Assault and reduce his charge to a misdemeanor...
Chief Justice Mike McGrath delivered the Opinion of the Court. 1 Jeffrey David Beaver appeals from the District Court's Judgment & Sentence filed July 29, 2015, convicting him of aggravated driving under the influence, second offense. We affirm. 2 We restate the issue on appeal as follows: Whether the District Court erred in upholding the stop and the ensuing warrantless inspection of Beaver's truck by an officer of the Montana Department of Transportation. FACTUAL AND PROCEDURAL...
Justice Jim Rice delivered the Opinion of the Court. 1 Jerald Nuessle (Nuessle) appeals the judgment entered by the Twentieth Judicial Court, Sanders County, convicting him of felony Obstructing Justice under 45-7-303(2)(a), MCA. We affirm and restate the issues as follows: 1. Did the District Court improperly instruct the jury, committing plain error 2. Was defense counsel ineffective for failing to submit a jury instruction defining the statutory term "knowing" FACTUAL AND...
Justice Laurie McKinnon delivered the Opinion of the Court. 1 R.H. appeals from an involuntary commitment order entered by the Thirteenth Judicial District Court, Yellowstone County, on October 14, 2015. The order committed R.H. to the Montana State Hospital for a period not to exceed three months and ordered the use of involuntary medication, if needed. We affirm the order for commitment and reverse the administration of involuntary medication. 2 R.H. presents the following issues...
Justice Jim Rice delivered the Opinion of the Court. 1 The Board of County Commissioners of Flathead County (Commissioners or Commission) appeal from the order of the Eleventh Judicial District Court, Flathead County, granting summary judgment to Appellees and Cross-Appellants Citizens for a Better Flathead and Sharon DeMeester (collectively Citizens), who had challenged zoning actions taken by the Commission. Due to uncertainty over the scope of relief granted by the District Court's...
Justice Michael E Wheat delivered the Opinion of the Court. 1 The Fourth Judicial District Court, Missoula County, conducted a jury trial for misdemeanor Assault and felony Assault with a Weapon against Justin Dwayne King (King). The jury returned a verdict of guilty for felony Assault with a Weapon. King appeals, alleging that the District Court improperly instructed the jury on the affirmative defense of justifiable use of force. We affirm. 2 We address the following issue on...
Justice Jim Rice delivered the Opinion of the Court. 1 Appellant Kelly Ray Massey, Jr. (Massey) appeals the order of the Fourth Judicial District Court, Missoula County, denying his motion to suppress. We affirm and address the following issue: Did the District Court err by determining there was particularized suspicion for the traffic stop of Massey's vehicle FACTUAL AND PROCEDURAL BACKGROUND 2 At approximately 1:00 a.m. on June 16, 2014, Trooper Lynwood Bateman observed a sport-...
Justice Beth Baker delivered the Opinion of the Court. 1 Donald Theeler physically assaulted his girlfriend, causing her numerous injuries. He sought to dismiss his Partner or Family Member Assault (PFMA) charge on the ground that the statute under which he was charged violated his right to equal protection because it did not apply to persons in same-sex intimate relationships. The Eleventh Judicial District Court upheld the Justice Court's denial of his motion. 2 We affirm....
