Justia Montana Supreme Court Opinion Summaries

The plaintiffs, a law firm and its principal, challenged a Montana statute enacted in 2021 that prohibits discrimination based on an individual’s vaccination status or possession of an immunity passport. The law applies broadly to businesses, governmental entities, employers, and public accommodations, with certain exceptions for schools, daycare facilities, and healthcare providers. One provision of the law also prohibits requiring individuals to receive vaccines authorized only for emergency use or still undergoing safety trials. The plaintiffs alleged that the statute violated several provisions of the Montana Constitution, including rights to a clean and healthful environment, equal protection, inalienable rights, and the constitutional requirement that a bill’s subject be clearly expressed in its title.The case was first heard in the District Court of the Seventh Judicial District, Richland County. The District Court denied the plaintiffs’ request for a preliminary injunction and dismissed most of their constitutional claims, but allowed the claim regarding the bill’s title and single-subject requirement to proceed. On remand from the Montana Supreme Court’s earlier decision in Netzer Law Office, P.C. v. State, the District Court ultimately held that the main antidiscrimination provision of the law complied with the constitutional clear-title requirement, but that the provision prohibiting mandates for emergency use or trial vaccines did not, and voided that subsection.On appeal, the Supreme Court of the State of Montana affirmed the District Court’s dismissal of the plaintiffs’ other constitutional claims. The Supreme Court held that the law’s title was sufficiently clear and not misleading as to its main antidiscrimination provision, affirming its validity. However, the Supreme Court reversed the District Court’s invalidation of the provision regarding emergency use and trial vaccines, holding that this subsection was germane to the bill’s general purpose and did not violate the clear-title or single-subject requirements. Thus, both challenged provisions of the statute were upheld. View "Netzer v. State" on Justia Law

A man was involved in a single-vehicle accident in Gallatin County, Montana, where his Jeep left the road, struck a sign, and then drove away. Witnesses reported the incident, and law enforcement traced the vehicle to the man’s residence using the license plate information. Upon arrival, officers observed damage to the Jeep and encountered the man, who exhibited signs of impairment such as bloodshot eyes and a dazed demeanor. The man admitted to purchasing and inhaling a can of Dust-Off, a product containing difluoroethane (DFE), and acknowledged that he had passed out while driving. Field sobriety tests indicated impairment, and a subsequent blood test confirmed the presence of DFE.The Gallatin County Justice Court denied the man’s motions to suppress evidence, which alleged a lack of particularized suspicion, unlawful search and seizure, and a Miranda violation. After a bench trial, the court found him guilty of misdemeanor DUI (third offense). The Eighteenth Judicial District Court, Gallatin County, affirmed the conviction and the denial of the suppression motions, concluding that law enforcement had particularized suspicion, that there was no reasonable expectation of privacy in the driveway or the exterior of the Jeep, and that no custodial interrogation requiring Miranda warnings had occurred.The Supreme Court of the State of Montana reviewed the case de novo. It held that law enforcement had particularized suspicion to investigate for DUI based on the totality of the circumstances, including the crash, the man’s behavior, and his admissions. The Court found no unlawful search or seizure, as there was no reasonable expectation of privacy in the areas searched, and the man voluntarily provided the Dust-Off can. The Court also determined that no custodial interrogation occurred before arrest, so Miranda warnings were not required. The Court declined to address an unpreserved evidentiary claim and found sufficient evidence supported the DUI conviction. The conviction was affirmed. View "State v. Ellis" on Justia Law

On May 29, 2003, two Blaine County Sheriff’s deputies responded to a domestic disturbance involving Laurence Dean Jackson Jr. in Harlem, Montana. During a pursuit through a field, both deputies were shot; Deputy Rutherford died from a gunshot wound to the chest, and Deputy Janis was severely injured. Jackson, claiming an alcohol-induced blackout, could not recall the events, leaving Janis as the sole eyewitness. At trial, the State relied on Janis’s testimony and physical evidence to argue that Jackson shot both deputies after a struggle. Jackson’s defense presented expert testimony challenging the State’s account, including a theory that the fatal bullet may have been fired by Janis, not Jackson.Following a 17-day trial in October 2004, Jackson was convicted of deliberate homicide and attempted deliberate homicide, receiving life sentences without parole. The Montana Supreme Court affirmed his conviction in 2009, and the U.S. Supreme Court denied certiorari in 2010. In 2011, Jackson filed a petition for postconviction relief in the Seventeenth Judicial District Court, Blaine County, alleging ineffective assistance of counsel. The District Court allowed for additional evidence and expert review but ultimately denied the petition without an evidentiary hearing, finding Jackson’s claims lacked specific factual support as required by Montana law.The Supreme Court of the State of Montana reviewed whether the District Court abused its discretion by denying Jackson’s petition without a hearing. Applying the Strickland v. Washington standard, the Court held that Jackson failed to present established facts showing deficient performance or prejudice by counsel. The Court found Jackson’s claims speculative and unsupported by the record, concluding the District Court acted within its discretion. The Supreme Court affirmed the denial of postconviction relief. View "Jackson v. State" on Justia Law

A woman was stopped by a sheriff’s deputy in Ravalli County, Montana, for driving a vehicle with expired registration. The stop followed a call from a citizen informant reporting unusual activity at a residence known for prior drug activity, and an off-duty trooper’s observation of the woman leaving that residence in the vehicle. During the stop, the deputy questioned the woman about her activities and associations with the residence, and she provided explanations consistent with her presence there for lawful reasons. The deputy, suspecting drug activity, ultimately seized the vehicle and the woman’s purse, later obtaining a search warrant that led to the discovery of methamphetamine and drug paraphernalia in the purse.The Twenty-First Judicial District Court, Ravalli County, denied the woman’s motion to suppress the evidence found in her purse. The court held that the deputy had particularized suspicion to extend the traffic stop beyond the registration issue to investigate possible drug activity, and that there was probable cause to seize the vehicle and its contents, including the purse. The court also found that the search warrant was supported by probable cause and that the woman had not shown any false statements in the warrant application.On appeal, the Supreme Court of the State of Montana reviewed whether the district court properly denied the motion to suppress. The Supreme Court held that while the deputy had particularized suspicion to extend the stop and inquire about drug activity, the suspicion was dispelled by the woman’s answers and did not ripen into probable cause to seize the vehicle or the purse. The Court found the district court’s findings regarding the woman’s demeanor and the basis for probable cause to be clearly erroneous. The Supreme Court reversed the district court’s denial of the motion to suppress. View "State v. Carter-Brueggeman" on Justia Law

The defendant, while on probation for prior convictions, was involved in a series of incidents that led to multiple criminal charges. After fleeing from law enforcement during a stop, he was apprehended and his backpack, which he initially denied owning, was searched. The search revealed illegal drugs, drug paraphernalia, and a mask matching the description of one worn by a gunman in a recent shooting. He was subsequently charged with attempted deliberate homicide, assault with a weapon, drug offenses, and obstructing a peace officer. Additionally, the State sought to revoke his previously suspended sentences.The First Judicial District Court of Montana denied the defendant’s motion to suppress evidence found in his backpack, finding that law enforcement had particularized suspicion to justify the stop and subsequent search. The court also denied his motion to substitute counsel after a hearing, concluding that the defendant’s complaints did not establish good cause for new representation. The defendant was convicted by juries on the drug charges and the attempted deliberate homicide and assault charges. The court revoked his suspended sentences and imposed new sentences, ordering all to run concurrently.On appeal, the Supreme Court of the State of Montana addressed three main issues. First, the Court held that the District Court erred by allowing a key witness to testify via video deposition at trial without a proper showing of the witness’s unavailability, violating the defendant’s confrontation rights. The State conceded this error, and the Supreme Court reversed the convictions for attempted deliberate homicide and assault with a weapon, remanding for a new trial on those charges. The Court affirmed the denial of the motion to suppress and the motion to substitute counsel, finding no abuse of discretion. The Court also ordered new sentencing for the drug convictions and the revocation of suspended sentences, as the original sentences were influenced by the now-reversed convictions. View "State v. Songer" on Justia Law

Victory Insurance Company, a Montana property and casualty insurer, issued workers’ compensation policies to several businesses in 2019. Later that year, Victory entered into an agreement with Clear Spring Property and Casualty Company to reinsure and then purchase Victory’s book of business, including the relevant policies. Victory notified its insureds by phone and sent a single email on December 31, 2019, stating that their policies would be “upgraded” to Clear Spring policies effective January 1, 2020. All policies were rewritten under Clear Spring as of that date.The Montana Commissioner of Securities & Insurance (CSI) initiated an enforcement action in December 2022, alleging that Victory had illegally cancelled its policies and could be fined up to $2.7 million. After discovery, both parties moved for summary judgment before a CSI Hearing Examiner. The Hearing Examiner found that Victory committed 165 violations of Montana’s insurance code and recommended summary judgment for the CSI. The CSI adopted this recommendation, imposing a $250,000 fine with $150,000 suspended, payable only if further violations occurred within a year. Victory sought judicial review in the First Judicial District Court, Lewis and Clark County, which affirmed the CSI’s decision.The Supreme Court of the State of Montana reviewed the case, applying the same standards as the district court. The Court held that the Hearing Examiner properly granted summary judgment because Victory’s actions constituted cancellations under the insurance code, regardless of whether they could also be considered assignments. The Court also held that Victory’s due process rights were not violated during the fine imposition process, that the statutory delegation of fine authority to the CSI was constitutional, and that Victory was not entitled to a jury trial because there were no material factual disputes. The Supreme Court affirmed the district court’s order. View "Victory Insurance v. State" on Justia Law

A sheriff’s deputy in Lake County, Montana, stopped the defendant after observing erratic driving and signs of intoxication. The defendant admitted to drinking, partially completed field sobriety tests, refused further testing, and ultimately provided a blood sample showing a high blood alcohol concentration. He was cited for felony DUI. At his initial appearance, the Justice Court set a preliminary hearing and released him on his own recognizance, but he remained incarcerated due to a probation violation from a prior offense. Lake County policy, based on state statutes, allowed up to thirty days for probable cause determinations for defendants not detained specifically on the new charge. The State filed an information twenty-one days after the initial appearance.The defendant moved to dismiss, arguing the delay in determining probable cause was unreasonable. The Twentieth Judicial District Court denied the motion, finding the delay reasonable. After a jury convicted the defendant of felony DUI, the District Court sentenced him to five years with the Department of Corrections, imposed a $5,000 mandatory minimum fine, and required continuous alcohol monitoring (SCRAM) as a parole condition. The defendant appealed, challenging the delay, the SCRAM condition, and the fine.The Supreme Court of the State of Montana held that the District Court did not abuse its discretion in finding the twenty-one-day delay reasonable, given the local policy and lack of prejudice to the defendant. The Supreme Court reversed the imposition of SCRAM as a parole condition, holding that no statute authorized such a condition, and remanded for the condition to be modified as a recommendation to the Board of Pardons and Parole. The Supreme Court also reversed the mandatory minimum fine, holding that under State v. Gibbons, such fines are unconstitutional without individualized assessment of ability to pay, and remanded for resentencing consistent with that requirement. View "State v. Vaska" on Justia Law

The case concerns a defendant who responded to an online advertisement posted by an undercover law enforcement officer posing as a woman offering sexual services, including access to two fictitious underage girls, one purportedly 12 years old. The defendant agreed to meet at a hotel to engage in sexual conduct with the supposed minors and was arrested upon arrival. He was charged with two counts of Sexual Abuse of Children under Montana law, with enhanced penalties based on the alleged ages of the victims.The Thirteenth Judicial District Court, Yellowstone County, denied the defendant’s motion to strike the mandatory sentencing enhancements, which imposed a 25-year parole restriction for offenses involving victims 12 years old or younger. The defendant subsequently pleaded guilty to one count of Attempted Sexual Abuse of Children, reserving the right to appeal the denial of his motion regarding the sentencing enhancement. The court imposed the State’s recommended sentence, including the mandatory enhancement, and dismissed the second count.The Supreme Court of the State of Montana reviewed whether the mandatory minimum sentence enhancement for sexual child abuse applies when the “victim” is a fictitious child created by law enforcement in a sting operation. The court held that the statutory language requiring enhanced penalties based on the age of “the victim” refers to actual, specified child victims, not to fictional or simulated victims. The court concluded that the Legislature’s use of different language in the statute—distinguishing between “a child” in defining the offense and “the victim” in penalty enhancements—demonstrates an intent to limit enhanced penalties to cases involving real children. The Supreme Court reversed the district court’s imposition of the mandatory enhancement and remanded for resentencing under the general penalty provision. View "State v. Schultz" on Justia Law

Planned Parenthood of Montana and Dr. Samuel Dickman challenged three laws passed by the 2021 Montana Legislature regulating abortion care. The laws included a 20-week ban on abortions (HB 136), restrictions on medication abortions and requirements for informed consent (HB 171), and a mandate for providers to offer patients the opportunity to view an ultrasound and listen to a fetal heart tone before an abortion (HB 140).The Thirteenth Judicial District Court granted a preliminary injunction against the enforcement of these laws, which was affirmed by the Montana Supreme Court. Following discovery, the District Court granted summary judgment to the plaintiffs, concluding that the laws violated the Montana Constitution's guarantees of individual privacy, equal protection, and free speech. The court permanently enjoined the enforcement of all three laws.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The Court held that the 20-week ban on abortions (HB 136) violated the right to privacy because it prohibited pre-viability abortions and was not justified by a compelling state interest. The Court also found that the restrictions on medication abortions and the informed consent requirements (HB 171) infringed on the right to privacy and free speech, as they imposed unnecessary burdens on patients and providers without addressing a bona fide health risk. Lastly, the Court held that the mandate to offer patients the opportunity to view an ultrasound and listen to a fetal heart tone (HB 140) violated the right to privacy by interfering with the patient-provider relationship without a compelling state interest.The Montana Supreme Court affirmed the District Court's judgment, permanently enjoining the enforcement of the challenged laws. View "Planned Parenthood v. State" 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