Justia Montana Supreme Court Opinion Summaries

In September 2021, the Montana Department of Public Health and Human Services removed J.T.L. and D.L.L. from their parents' care due to drug use and poor home conditions. This was the fourth removal for J.T.L. and the third for D.L.L. The children were enrolled in the Little Shell Tribe of Chippewa Indians in February 2022, and the Department notified the Tribe of the proceedings. The District Court adjudicated the children as youths in need of care in July 2022 and granted the Department temporary legal custody. In August 2022, the court ordered the mother to complete a treatment plan addressing substance use, mental health, parenting, and housing issues. The Department sought termination of her parental rights in October 2023 due to her failure to complete the treatment plan.The Montana Eighth Judicial District Court held a two-day hearing in July 2024 and terminated the mother's parental rights. The mother appealed, arguing that the Department did not make "active efforts" under the Indian Child Welfare Act (ICWA) and that guardianship, not termination, was in the children's best interests. The District Court found that the Department made active efforts to place the children with ICWA-preferred placements and to support their cultural connections. The court also found that the mother failed to comply with her treatment plan and that her condition was unlikely to change within a reasonable time.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The court held that the Department made active efforts under ICWA and that the termination of parental rights was in the children's best interests. The court found that the Department consulted with the Little Shell Tribe and sought input from various parties to support the children's cultural engagement. The court also found that the mother failed to complete her treatment plan and that her continued custody would likely result in serious emotional or physical damage to the children. View "Matter of D.L.L. & J.T.L." on Justia Law

William James Pillans was arrested on February 12, 2018, and charged with Assault with a Weapon. He was released on his own recognizance but was later re-arrested for violating release terms. Subsequently, he faced additional charges for assaulting an officer and threatening corrections officers, leading to multiple arrests and bench warrants. Pillans entered plea agreements in three cases, resulting in concurrent suspended sentences. However, his sentences were revoked multiple times due to further arrests and violations, leading to additional periods of incarceration.The Eleventh Judicial District Court of Flathead County initially sentenced Pillans to concurrent five-year suspended sentences in three cases. After multiple revocations, the court recalculated his credit for time served and elapsed time, ultimately sentencing him to five years with the Department of Corrections with no time suspended. Pillans appealed the District Court's calculation of his credit for time served and elapsed time.The Supreme Court of the State of Montana reviewed the case. The court held that Pillans was not entitled to credit for time served in DC-18-098 between his third arrest and his third release on recognizance, as he was not detained in that case during that period. The court also found that the District Court erred in calculating credit for time served in DC-18-329, as Pillans was not detained in that case until served with a bench warrant. Additionally, the court corrected the calculation of time served between Pillans's original sentencing and first revocation, and between his first and second revocations. The court also determined that Pillans was entitled to additional elapsed time credit for specific periods where no violations were recorded.The Supreme Court reversed and remanded the case to the District Court to adjust Pillans's credit for time served and elapsed time accordingly. View "State v. Pillans" on Justia Law

Charles Ament was charged with felony DUI, his fourth or subsequent offense, after a single-vehicle crash in Flathead County. Montana Highway Patrol Trooper Jon Raymond testified that Ament smelled of alcohol, had difficulty balancing, made strange statements, admitted to drinking three beers, and asked not to be investigated for DUI. Field sobriety tests indicated Ament was under the influence, and a blood draw showed a 0.187 blood alcohol content. Ament represented himself at trial with standby counsel and did not testify or offer any witnesses.The District Court of the Eleventh Judicial District allowed Ament one day to enter a plea, after which he pleaded not guilty. At a pretrial hearing, the court granted Ament’s motion to represent himself, advising that standby counsel could not interrupt proceedings to issue advice. During trial, Ament objected to Trooper Raymond’s testimony as leading, which the judge overruled. During closing arguments, Ament attempted to discuss his version of the facts, leading the court to instruct the jury to disregard statements not made under oath.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s judgment. The court held that the District Court did not abuse its discretion in allowing Ament one day to enter his plea. The court also found that Ament did not preserve his objections to Trooper Raymond’s testimony and thus applied plain error review, concluding that Ament did not demonstrate that the admission of this evidence denied him a fundamental right. Regarding the District Court’s comments during closing arguments, the Supreme Court held that the comments did not compromise the fundamental fairness of the trial or the integrity of the judicial process. Finally, the court found that the jury instructions on the presumption of innocence were proper and did not warrant reversal for plain error. View "State v. Ament" on Justia Law

M.H.W. has been involuntarily committed to the Montana Mental Health Nursing Care Center (NCC) since June 16, 2020, due to paranoid schizophrenia and an inability to manage his diabetes. The Tenth Judicial District Court extended his commitment several times, with the most recent extension being on January 6, 2022. On December 14, 2022, a petition was filed to extend his commitment for another year. Notice was served, indicating that if a hearing was requested less than 10 days before the termination of the previous commitment, the commitment would be extended until the hearing. However, the court did not issue an order extending the commitment beyond January 6, 2023.On February 8, 2023, M.H.W.'s counsel requested a contested hearing, which was scheduled for April 6, 2023, and later rescheduled to June 1, 2023. The District Court ordered that M.H.W. remain committed until the hearing. At the hearing, the court found that M.H.W. continued to exhibit symptoms of schizophrenia and could not manage his basic needs, including his diabetes. The court ordered his recommitment to NCC for up to one year.The Montana Supreme Court reviewed the case. The court held that the expiration of M.H.W.'s commitment did not deprive the District Court of jurisdiction, as the commitment was extended by operation of law when no hearing was requested before January 6, 2023. The court also held that the District Court's failure to enter an order extending the commitment did not constitute plain error, as M.H.W. received due process through the contested hearing. The Supreme Court affirmed the District Court's order of recommitment. View "In re M.H.W." on Justia Law

In 2014, Susan Joanne Pajnich was driving with a .280 blood alcohol content and hit a woman who was stopped on the side of the road, causing severe injuries. Pajnich left the scene without providing aid. She pleaded guilty to negligent vehicular assault and received a ten-year sentence with seven years suspended, along with an order to pay restitution.In December 2017, Pajnich began the suspended portion of her sentence. Less than a year later, the State petitioned to revoke her suspended sentence due to violations, including driving under the influence, consuming alcohol, and failing to pay restitution. Pajnich entered a plea agreement admitting to the violations in exchange for the State dropping the DUI charge. The agreement included a recommendation for a seven-year commitment with five years suspended and 111 days of credit for elapsed time. The District Court revoked her suspended sentence and imposed the agreed-upon sentence.Pajnich completed the non-suspended portion of her sentence and returned to community supervision in June 2020. In March 2022, a report of violation was filed alleging further violations, including consuming alcohol and methamphetamine, and failing to make restitution payments. Pajnich admitted to all violations, and the District Court imposed a five-year commitment with credit for ten months of elapsed time and time served. Pajnich appealed this order.The Supreme Court of the State of Montana reviewed the case and held that Pajnich could not challenge the calculation of elapsed time on appeal because she did not object to it during the revocation proceedings and there was no mistake of fact. The court affirmed the District Court's decision, concluding that the sentence was legal and the calculation of elapsed time was supported by the record. View "State v. Pajnich" on Justia Law

Chad Williams, representing himself, filed a Petition for Writ of Habeas Corpus, claiming he is entitled to elapsed time credit, or street time credit, which the Missoula County District Court did not award. Williams argued that he should receive credit for the time he was on probation from November 25, 2013, to August 16, 2016. The State responded that Williams's petition should be denied, and Williams subsequently filed a "Motion for Relief" regarding the extensions of time granted to the State to respond.Williams entered a guilty plea to attempted deliberate homicide in the Missoula County District Court and was sentenced to fifty years in the Montana State Prison, with twenty-five years suspended, plus a consecutive ten-year term for use of a weapon. He was paroled on May 30, 2007, but his parole was revoked multiple times before he began serving the suspended portion of his sentence on November 25, 2013. The State filed a Petition to Revoke on April 5, 2016, followed by four supplemental petitions. In May 2017, the District Court imposed a twenty-five-year sentence upon revocation.The Supreme Court of the State of Montana reviewed the case and concluded that Williams did not meet his burden to demonstrate a facially invalid sentence. The court noted that the 2015 version of the revocation statute applied to Williams, which allowed the court discretion to award elapsed time credit. The District Court considered the time period Williams claimed but found that he had committed multiple violations during that time, including drug use and absconding. The Supreme Court held that Williams's sentence upon revocation was within statutory parameters and that he had waived any claim of statutory defect by failing to object or appeal the denial of elapsed time credit.The Supreme Court of Montana denied and dismissed Williams's Petition for Writ of Habeas Corpus and his Motion for Relief. View "Williams v. Green" on Justia Law

Neely, acting as his own general contractor, hired Grosvold to perform excavation work on his property under an oral contract. Grosvold worked from April to October 2021, but their relationship deteriorated, and Neely refused to pay for an invoice amounting to $55,858. Neely sent Grosvold a notice of alleged defects in the work, which Grosvold disputed. Grosvold then filed a complaint for breach of contract and prejudgment interest, while Neely counterclaimed for breach of contract, negligence, and construction defect.The District Court of the Third Judicial District in Anaconda-Deer Lodge County tried the case before a jury. The court refused to instruct the jury on Neely’s construction defect and negligence claims, reasoning that the evidence did not substantiate the work was done to a residence and that the case was strictly a breach of contract matter. The jury found Neely had breached the contract and awarded Grosvold $60,512.60 in damages. The court denied Grosvold’s request for prejudgment interest, finding the damages were not certain until the jury’s determination.The Supreme Court of the State of Montana reviewed the case. It affirmed the District Court’s decision not to instruct the jury on the construction defect claim, holding that the residential construction defect statute did not create an independent cause of action beyond breach of contract or tort. The court also affirmed the refusal to instruct the jury on negligence, finding that Neely’s substantial rights were not affected as the breach of contract instructions adequately covered the disputed subject matter. Finally, the court upheld the denial of prejudgment interest, concluding the amount of recovery was not capable of being made certain until the jury’s verdict. View "Grosvold v. Neely" on Justia Law

In April 2019, the State of Montana charged Cheyene Leilani-Amber Zielie with several offenses, including felony possession of dangerous drugs. In September 2019, she pled guilty to the felony charge and received a three-year suspended sentence. In March 2021, the State filed a petition to revoke her suspended sentence due to violations, but later moved to dismiss the petition with prejudice, which the District Court granted. Subsequently, in May 2021, the State filed a second petition to revoke her suspended sentence based on new criminal charges.The District Court of the Eighth Judicial District initially dismissed the first petition with prejudice, which led to confusion about whether the entire case was dismissed. When the State filed the second petition, the District Court issued an arrest warrant, and the case proceeded. During a hearing in November 2022, the defense argued that the case had been dismissed with prejudice, and thus the court lacked jurisdiction. The District Court denied the motion to dismiss, interpreting the original dismissal as pertaining only to the petition, not the entire case. The court then revoked Zielie’s suspended sentence and sentenced her to three years with the Department of Corrections.The Supreme Court of the State of Montana reviewed the case. It held that the District Court only had the authority to dismiss the petition to revoke, not the entire sentence, and that the dismissal order was a clerical error. The Supreme Court affirmed the District Court’s denial of the motion to dismiss but reversed the decision regarding the additional 66 days of credit for time served. The case was remanded for resentencing to include the additional credit. View "State v. Zielie" on Justia Law

Ryan Bloomer was charged with his fourth DUI offense in 2021 and pleaded guilty in 2022. Before he was sentenced for this offense, he was charged with a fifth DUI in April 2023, to which he also pleaded guilty. The District Court sentenced Bloomer for both offenses during the same hearing in May 2023. For the fourth DUI, Bloomer was sentenced under the statute in effect at the time of the offense, § 61-8-731, MCA (2019), to thirteen months at the Department of Corrections (DOC) followed by a five-year suspended sentence. For the fifth DUI, he was sentenced under the new statute, § 61-8-1008(2), MCA (2021), to a concurrent nine-year term with the DOC, with five years suspended.The Fourth Judicial District Court sentenced Bloomer for both DUI offenses during the same hearing. Bloomer challenged the sentence for his fifth DUI, arguing that it was unlawful because he had not been "previously sentenced" for his fourth DUI under § 61-8-1008(1), MCA, before being sentenced for his fifth DUI under § 61-8-1008(2), MCA.The Supreme Court of the State of Montana reviewed the case. The court held that the plain language of § 61-8-1008(2), MCA, requires that a defendant must have been previously sentenced for a fourth DUI before being sentenced for a fifth DUI. Since Bloomer was sentenced for both offenses contemporaneously, the court concluded that the District Court imposed an unlawful sentence for the fifth DUI. The Supreme Court reversed the District Court's sentence for the fifth DUI and remanded the case for resentencing under § 61-8-1008(1), MCA. View "State v. Bloomer" on Justia Law

James Houston Parker was convicted in May 2023 by a jury in the Montana Eighth Judicial District Court, Cascade County, for two counts of felony tampering with or fabricating physical evidence. The charges stemmed from an incident on June 9, 2022, where officers responded to a call about an assaulted woman, P.H., who had severe facial injuries. P.H. had been at Parker's residence earlier that evening. Officers found blood and bleach at Parker's residence, and Parker had blood and bleach on his shoes. Parker was uncooperative during evidence collection, and his fingerprint was found on a bleach bottle in a nearby dumpster.The District Court instructed the jury to convict Parker based on him acting "knowingly" rather than "purposely," which Parker did not object to at trial. The jury acquitted Parker of aggravated assault but convicted him on the tampering charges. Parker was sentenced to six years in the Department of Corrections.Parker appealed to the Supreme Court of the State of Montana, arguing that the District Court committed plain error by using the incorrect mental state in the jury instructions, that his counsel was ineffective for not objecting to the instruction, and that the prosecutor's actions constituted misconduct. The Supreme Court reviewed the case and found that although the instruction was erroneous, the overwhelming evidence showed Parker acted with purpose. The court held that the error did not result in a miscarriage of justice or undermine the trial's fairness.The Supreme Court also found that Parker's ineffective assistance of counsel claim failed because there was no reasonable probability of a different outcome even if the objection had been made. Lastly, the court determined that the prosecutor did not engage in misconduct that deprived Parker of a fair trial. The Supreme Court of the State of Montana affirmed Parker's conviction. View "State v. Parker" on Justia Law