Justia Montana Supreme Court Opinion Summaries

K.B. (Mother) appealed the Thirteenth Judicial District Court's order terminating her parental rights to her daughter, P.E.W., arguing that the Montana Department of Public Health and Human Services Child and Family Services Division (Department) failed to engage in active efforts to assist her in reunifying with her Indian child, and that the District Court wrongly approved a non-Native American foster placement for P.E.W., in violation of the Indian Child Welfare Act (ICWA).The District Court had removed K.B.'s children, B.J.B. and P.E.W., from her care due to allegations of physical neglect and abuse. The Department filed a petition for emergency protective services, adjudication as youth in need of care, and temporary legal custody. The court adjudicated P.E.W. as a youth in need of care, granted temporary legal custody to the Department, and determined that ICWA applied. The Department developed a treatment plan for K.B., but she failed to comply consistently. The Department made extensive efforts to assist K.B., including providing transportation, financial assistance, and facilitating visitations. Despite these efforts, K.B. struggled with chemical dependency, unstable housing, and compliance with treatment programs. The District Court extended temporary legal custody multiple times and ultimately terminated K.B.'s parental rights, finding that the Department had made active efforts as required by ICWA and that continued custody by K.B. would likely result in serious emotional or physical damage to P.E.W.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the Department had made active efforts to reunify K.B. with her child, as required by ICWA, and that the District Court did not abuse its discretion in terminating K.B.'s parental rights. The court also found that good cause existed to deviate from ICWA's placement preferences due to the lack of suitable ICWA-compliant placements and the specialized needs of P.E.W. View "In re P.E.W." on Justia Law

The case involves the termination of a mother's parental rights to her child due to her ongoing struggles with substance abuse, domestic violence, and instability. The Department of Public Health and Human Services petitioned for emergency protective services and temporary legal custody of the child, who was already living with the paternal grandmother. Despite the mother’s participation in various treatment programs, she failed to maintain sobriety and stability, leading to the Department's petition to terminate her parental rights.The Thirteenth Judicial District Court, Yellowstone County, held a contested termination hearing and subsequently issued an order terminating the mother's parental rights while denying the petition to terminate the father's rights. The mother appealed, arguing that the termination of her rights was not in the child's best interests, especially since the father's rights were not terminated.The Supreme Court of the State of Montana reviewed the case, focusing on whether the District Court abused its discretion in terminating the mother's parental rights while continuing reunification efforts with the father. The court found that the District Court made sufficient findings and conclusions to support its decision under the relevant statute, which allows for the termination of parental rights if the parent has not complied with or successfully completed a court-ordered treatment plan and if the parent's condition is unlikely to change within a reasonable time.The Supreme Court affirmed the District Court's decision, concluding that the termination of the mother's parental rights was supported by clear and convincing evidence and was in the child's best interests, regardless of the father's situation. View "In re B.J.B." on Justia Law

In 1992, the defendant was sentenced to 100 years in prison for deliberate homicide, with an additional 10-year enhancement for weapon use. In 2008, he became parole eligible but was consistently denied parole. In 2018, he planned an escape from prison, involving two former prisoners. He used a cellphone to coordinate the escape, but prison staff discovered his plan and transferred him to more secure housing. Despite this, he continued to communicate with one of the former prisoners to delete incriminating evidence.The Third Judicial District Court in Powell County found the defendant guilty of Conspiracy to Commit Escape and Conspiracy to Commit Tampering With or Fabricating Physical Evidence. He was sentenced to 8 years for each count, to run concurrently but consecutively to his prior sentence. The court dismissed charges of Transferring of Illegal Articles and Solicitation to Commit Unlawful Possession of a Firearm by a Convicted Person. The defendant appealed, arguing his sentence violated his First Amendment rights and that there was insufficient evidence for the tampering conviction. He also sought pretrial credit for time served.The Supreme Court of the State of Montana reviewed the case. The court held that the defendant did not properly object to his sentence on First Amendment grounds during the trial, and thus did not preserve the issue for appeal. The court also found sufficient evidence to support the tampering conviction, as the defendant's actions demonstrated an intent to delete incriminating evidence. Lastly, the court ruled that the defendant was not entitled to pretrial credit for time served, as he was already serving a sentence for a prior conviction and was not detained specifically for the new charges. The court affirmed the lower court's decision. View "State v. Demarie" on Justia Law

Cascade County discovered petroleum contamination under a county shop complex in 1996 and notified the Department of Environmental Quality (DEQ). A 2000 report identified the contamination source as four county-owned tanks. The DEQ approved a corrective action plan in 2006, and the County requested the site be designated as a multiple release site for reimbursement eligibility, which the DEQ declined. The County completed remediation in 2008 and submitted receipts to the Montana Petroleum Tank Release Compensation Board, but the costs exceeded the statutory maximum for a single release. The Board indicated further reimbursement requests would be denied.The County sought a writ of mandamus to compel the DEQ to assign multiple release numbers, but the DEQ and the County eventually stipulated to dismiss the action in 2013. The County then filed four separate applications for reimbursement in 2014, which the Board denied, stating the DEQ had classified all contaminations under a single release number. The County contested this, and a Hearing Examiner found four discrete releases but ruled the claims were time-barred. The Board adopted most of the Examiner's findings but rejected the conclusion of four releases. The district court later ruled in favor of the County, and the Montana Supreme Court affirmed, directing the Board to reimburse the County.The Montana Supreme Court reviewed the case and determined that the Board had a clear legal duty to review the County's reimbursement claims, despite the County not submitting them in the manner required by Board regulations. The Court held that the Board must review and determine the eligibility of the claims submitted by the County for reimbursement of remediation costs. The District Court's order denying the County's writ of mandamus was reversed, and the case was remanded with instructions to issue the alternative writ of mandate. View "Cascade v. Petroleum Tank Release Compensation Board" on Justia Law

Mark Mullee, an expert-level skier, was injured at Whitefish Mountain Resort (WMR) after losing control on a beginner-level ski trail and falling down an embankment into a streambed. Mullee had skied this trail over 100 times before the accident. On January 16, 2019, he lost control after exiting a skier’s tunnel and fell, seriously injuring his hip. Mullee claimed that Winter Sports, Inc. (WSI), the operator of WMR, was negligent for not maintaining a fence that would have prevented his fall.The Eleventh Judicial District Court, Flathead County, granted summary judgment in favor of WSI, determining that WSI had no duty to maintain a fence capable of catching Mullee and preventing his fall. The court found that Mullee’s accident was an inherent risk of skiing, for which WSI was not liable under the Montana Skier Responsibility Act (MSRA). The court also granted summary judgment on Mullee’s premises liability claim.The Supreme Court of the State of Montana reviewed the case and affirmed the lower court’s decision. The court held that WSI did not owe a duty of reasonable care to install and maintain fencing to catch Mullee after he lost control. The court emphasized that skiing involves inherent risks, including collisions with natural objects and variations in terrain, which skiers must accept. The court also noted that imposing such a duty on ski area operators would be contrary to public policy and the economic viability of the ski industry. Therefore, the court concluded that WSI was not negligent and upheld the summary judgment in favor of WSI. View "Mullee v. Winter Sports" on Justia Law

Montana Environmental Information Center and Earthworks (MEIC) submitted a formal information request to the Office of the Governor of Montana on November 29, 2021. The request sought various documents related to the Montana Department of Environmental Quality’s (DEQ) dismissal of an enforcement action against Hecla Mining and its President/CEO, as well as information on the Governor’s Office’s involvement in mining and environmental decision-making. The Governor’s Office did not respond to the request, prompting MEIC to follow up multiple times. When the requested records were not provided, MEIC filed a lawsuit against the Governor’s Office, seeking to compel production of the information.The First Judicial District Court of Lewis and Clark County found that the Governor’s Office had a clear legal duty to honor MEIC’s request and issued a writ of mandamus compelling the production of the information. The Governor’s Office initially appealed but later stipulated to dismissal. MEIC then requested attorney’s fees, which the District Court denied, citing the Governor’s Office’s lack of bad faith and the potential for MEIC to obtain the information through other means.The Supreme Court of the State of Montana reviewed the case and addressed whether a party who successfully vindicates its right to know under the Montana Constitution is entitled to a presumption towards awarding attorney’s fees. The Court held that there should be a presumption towards awarding attorney’s fees to plaintiffs who successfully enforce their right to know, as this encourages public engagement and enforcement of constitutional rights. The Court vacated the District Court’s order and remanded the case for reconsideration of the attorney’s fees request, considering the presumption towards awarding fees and costs. View "MEIC v. Governor" on Justia Law

In May 2020, Tommy Jonathan Seth Dellar was receiving dialysis treatment at DaVita Dialysis when he exhibited symptoms of PTSD. After being asked to lower his noise level by technician Ashley Cray, Dellar demanded to be taken off the machine and made threatening statements towards Cray and others in the facility. Law enforcement found Dellar outside the center, where he reiterated his threats. Dellar was charged with felony intimidation under Montana law.The Eighth Judicial District Court in Cascade County held a one-day jury trial in November 2022. Dellar moved for a directed verdict based on insufficient evidence, which the court denied. Dellar also requested that disorderly conduct be considered as a lesser-included offense, but the court rejected this request. The jury found Dellar guilty of felony intimidation. At sentencing, Dellar requested a waiver of all fees, and the State stipulated to waive all except the $50 victim surcharge, which the court imposed.The Supreme Court of the State of Montana reviewed the case. The court held that there was sufficient evidence for the jury to consider whether Dellar had the intended purpose to cause Cray to perform the act of removing him from dialysis when he made his statements. The court also held that disorderly conduct is not a lesser-included offense of intimidation as a matter of law, as each offense requires proof of at least one element the other does not. Additionally, the court found that Dellar’s ineffective assistance claim was not record-based and not suitable for review on direct appeal. Finally, the court concluded that the District Court did consider Dellar’s ability to pay the $50 victim surcharge. The Supreme Court affirmed the lower court's decisions. View "State v. Dellar" on Justia Law

An eighteen-year-old defendant attended a post-high school graduation event at the Sweet Grass County fairgrounds, where alcohol and drug use were prohibited. A chaperone reported to the Sweet Grass County Sheriff’s Office that the defendant appeared intoxicated. Deputy Whaley arrived later, conducted alcohol tests on attendees, and observed the defendant and another individual walking towards a vehicle. The deputy, familiar with the defendant’s prior offenses and court-ordered conditions, approached and requested consent to search the vehicle, which the defendant refused. Using a flashlight, the deputy saw a marijuana smoking device in plain view inside the vehicle. The vehicle was seized, and a search warrant was obtained, leading to the discovery of marijuana, paraphernalia, and alcoholic beverages. The defendant was charged with two counts of underage possession of an intoxicating substance (UPIS), one for alcohol and one for marijuana.The defendant pled guilty in justice court and was sentenced for UPIS (3rd and 4th offenses), with sentences running concurrently. He appealed to the District Court, filing motions to suppress evidence for lack of particularized suspicion and to dismiss one count for double jeopardy. The District Court denied both motions, ruling that the plain view doctrine justified the seizure of the vehicle and that the two charges did not violate the multiple conviction statute.The Supreme Court of the State of Montana reviewed the case. It held that Deputy Whaley’s initial approach did not constitute a seizure requiring particularized suspicion and that the use of a flashlight to view the marijuana device did not violate the plain view doctrine. The court also held that the two charges for possession of different intoxicating substances did not violate the multiple conviction statute. The court affirmed the District Court’s rulings. View "State v. Roberts" on Justia Law

Donna Elizabeth Summers was stopped by Ravalli County Detective Nick Monaco for speeding in May 2022. During the stop, Summers appeared nervous, and Monaco discovered she had a history of drug possession. After issuing a warning for speeding and returning her documents, Monaco asked if he could ask additional questions, to which Summers consented. She admitted to past drug use and allowed Monaco to search her vehicle, where he found methamphetamine and paraphernalia. Summers was charged with felony possession of dangerous drugs and misdemeanor possession of drug paraphernalia. She filed a motion to suppress the evidence, arguing the stop was unlawfully prolonged without particularized suspicion.The Twenty-First Judicial District Court denied Summers’s motion to suppress, finding that Monaco had particularized suspicion to extend the stop and that Summers consented to the additional questioning and search. Summers then pleaded no contest to the charges but reserved the right to appeal the suppression ruling.The Supreme Court of the State of Montana reviewed the case and concluded that Detective Monaco lacked particularized suspicion to transition the traffic stop into a drug investigation. However, the court held that under the totality of the circumstances, Summers’s constitutional rights were not violated because she voluntarily consented to the additional questioning and search. The court affirmed the District Court’s denial of Summers’s motion to suppress evidence. View "State v. D. Summers" on Justia Law

On July 17, 2021, Whitefish Police Officer Chase Garner confronted Paul Kermit Gysler for urinating in public. The encounter escalated, resulting in Gysler assaulting Officer Garner. Gysler claimed self-defense, asserting that Officer Garner approached him aggressively. The State charged Gysler with felony assault on a peace officer. Gysler was arrested and released on bond but was later re-arrested for unrelated charges, leading to multiple delays in his trial.The Eleventh Judicial District Court issued an arrest warrant for Gysler for violating his release conditions. The court ordered a competency evaluation due to concerns about Gysler's mental fitness, which delayed the trial further. Gysler's trial was eventually set for December 12, 2022. He filed a motion to dismiss for lack of a speedy trial, which the court denied. The jury found Gysler guilty of assaulting a peace officer.The Supreme Court of the State of Montana reviewed the case. The court analyzed the four factors of a speedy trial claim: length of delay, reasons for delay, the accused’s response to the delay, and prejudice to the accused. The court found that most of the delay was institutional and not due to the State's negligence. The court concluded that Gysler did not suffer oppressive pretrial incarceration, undue anxiety, or impairment of his defense.The court also reviewed the jury instructions. It held that the District Court did not err in instructing the jury on resisting arrest and justified use of force, as the instructions were supported by the evidence and did not nullify Gysler's self-defense claim. The court affirmed the District Court's judgment, finding no violation of Gysler's right to a speedy trial and no error in the jury instructions. View "State v. Gysler" on Justia Law