Justia Montana Supreme Court Opinion Summaries

Defendant Kingsley Ariegwe appealed a district court's denial of his petition for postconviction relief. Defendant virtually met a fifteen-year-old female in an internet chat room. After chatting, the two telephone one another, and eventually met in person. Allegedly a sexual encounter occurred at that in-person meeting. Shortly thereafter, the fifteen-year-old told a friend that she had sex with a 32-year-old man. Unknown to either girls, the phone conversation was inadvertently recorded on an answering machine at the friend's house. The tape of the conversation was preserved, and was at issue in this appeal. Defendant was charged with sexual intercourse without consent, attempted sexual intercourse without consent, and unlawful transactions with children. In his opening statement at trial, Defendant told the jury about the taped conversation and implied that the jury would get to listen to the recording. However, defense counsel never offered the tape into evidence. He later noted the omission in his closing statement. Defendant appealed his conviction. The district court determined that Defendant was not prejudiced by counsel's failure to introduce the tape recording into evidence. On appeal to the Supreme Court ,Defendant argued he received ineffective assistance of counsel. Upon review, the Supreme Court concluded the district court did not err in denying Defendant's petition for postconviction relief. Accordingly, the Court affirmed the district court's judgment and dismissed Defendant's application for relief. View "Ariegwe v. Montana" on Justia Law

Pro se litigant Sharon McCrea appealed a district court's judgment that awarded over eight thousand dollars to CBM Collections, a Missoula collection agency. McCrea owned a business which had an outstanding credit card bill with the Missoula Federal Credit Union (MFCU). She was notified that the debts were being assigned to CBM for collection. CBM subsequently filed its complaint to seek the full amount owned plus interest. McCrea answered, arguing that MFCU was unfairly and deliberately targeting her for collection and that the matter should be "remanded" to the credit union so that she could continue making incremental payments. McCrea did not deny owing the debts. She sought discovery of credit card statements and cell phone billing statements to establish she had been in regular contact with MFCU in an attempt to resolve the matter. The district court granted CBM's motion for judgment on the pleadings without ruling on McCrea's discovery request and entered the award. Finding no error in the district court's ruling, the Supreme Court affirmed. View "CBI Inc. v. McCrea" on Justia Law

Sherman Anderson and other concerned residents of the City of Deer Lodge (Anderson) appealed a district court order that denied their petition for a writ of mandamus. The issue in this case arose from the revocation of Zoo Mountain Natural Care, Inc.'s business license. Zoo Mountain contacted the City in 2010 regarding a business license. Zoo Mountain had purchased property in the City limits for the purpose of lawfully growing and selling medical marijuana. The City was not issuing business licenses at that time, however, due to a change from a calendar-year licensing system to a fiscal year licensing system. The City previously had determined that it would waive the business license requirement for new applicants during this transition period. The City accordingly allowed Zoo Mountain to operate lawfully without a business license until July 2010. The City Council convened shortly after Zoo Mountain’s move to Deer Lodge. Anderson expressed concern over Zoo Mountain’s location at this meeting. He specifically disliked the fact that Zoo Mountain was located in a residential neighborhood, and that Zoo Mountain was located near the Church of Jesus Christ of Latter Day Saints. Anderson believed that the City’s decision to issue the business license violated Ordinances 130 and 136. Anderson further believed that the City violated the 2009 version of the Medical Marijuana Act when it issued the business license to a corporation, rather than to an individual. Anderson sought a writ of mandamus from the District Court to require the City to revoke Zoo Mountain’s business license. The court declined to issue the writ. It concluded that the MMA provided no clear legal duty for the City to revoke the business license. It similarly concluded that the City Code, particularly Ordinances 130 and 136, contained no clear legal duty to revoke the business license. Upon review, the Supreme Court affirmed: Anderson has failed to establish any clear legal duty that requires the City to revoke Zoo Mountain’s business license. The District Court acted accordingly in denying the writ. View "Deer Lodge v. Chilcott et al." on Justia Law

The district court entered judgment for the City of Cut Bank on Petitioner Arthur F. Rooney's complaint that he was wrongfully terminated from employment as a City police officer. Petitioner appealed the court's decision that his termination did not violate Montana's Wrongful Discharge From Employment Act (WDEA). The City cross-appealed the district court's earlier interlocutory order which denied the City's motion to dismiss the WDEA claim. Because the Supreme Court reversed the interlocutory ruling, it did not reach the issues raised by Petitioner. The Court affirmed the district court's judgment in favor of the City on this alternative ground. View "Rooney v. City of Cut Bank" on Justia Law

Defendant Shawn Stoner appealed a district court's order to deny his motion to dismiss several marijuana charges against him. The sole issue on appeal was whether the District Court erred in denying Defendant's motion to dismiss after he acquired a medical marijuana card. Upon review, the Supreme Court held that Defendant was required to have obtained and be in possession of a valid registry identification card at the time of the offense for which he sought immunity from prosecution. Because Defendant did not obtain a registry identification card until after he was charged, he was not entitled to dismissal of the charges against him. View "Montana v. Stoner" on Justia Law

Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure to present certain expert evidence at trial rendered prejudiced him and therefore was a violation of his constitutional rights. Finding that counsel's decision not to present certain evidence was a strategic decision that did not amount to a violation of his constitutional rights, the Supreme Court affirmed the district court's decision to deny him postconviction relief. View "Montana v. Sartain" on Justia Law

Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure to present certain expert evidence at trial rendered prejudiced him and therefore was a violation of his constitutional rights. Finding that counsel's decision not to present certain evidence was a strategic decision that did not amount to a violation of his constitutional rights, the Supreme Court affirmed the district court's decision to deny him postconviction relief. View "Bomar v. Montana" on Justia Law

Richard Ford suffered a work-related injury to his neck. He was diagnosed with a cervical strain, and Sentry Casualty Company accepted liability and paid benefits for this injury. During Ford’s treatment, he underwent an MRI which revealed a more serious cervical disc condition. Ford claimed that the workplace accident caused or aggravated this condition and that Sentry was liable for surgery to address it. Ford also claimed that Sentry was liable for ongoing temporary total disability benefits and that Sentry had unreasonably adjusted his claim. Sentry denied liability for Ford’s cervical disc condition based on the opinions of several doctors that the condition was not related to the industrial accident. Sentry also maintained that Ford reached maximum medical improvement, that he has been released to return to work without restrictions, and that it reasonably adjusted his claim. The dispute ultimately reached the Workers’ Compensation Court (WCC). Trial was held in early 2011. Ford and his wife testified, and numerous medical records were admitted into evidence. The WCC ruled in favor of Sentry as to each of the foregoing issues, and Ford appealed. Upon review of the trial court record, the Supreme Court concluded that the WCC correctly determined that he failed to carry his burden of establishing causation with regard to his disc condition and affirmed the trial court's judgment. View "Ford v. Sentry Casualty Co." on Justia Law

John Hood appealed a district court's decision to deny his motion to amend the parties' parenting plan. The parties had a "great deal" of difficulty working out a parenting and visitation plan though they lived n the same city for several years following their divorce. The district court concluded that it was in the children's best interests for both parents to reside in the same city, there was good reason for Tenile Hood to move to Utah with her parents so that the children would have care while Tenile completed her education and got a job. The court stated that as of the hearing, Tenile had no job, was on public assistance and was not in school, and that if she continued that lifestyle, she should remain in Montana. The court then adopted Tenile's proposed parenting plan, but that it should be modified from time to time to provide for additional reasonable visitation. John began filing motions to hold Tenile in contempt of court regarding the parenting plan contending she failed to abide by it, and that she continued to frustrate his contact with the children. After a year, he alleged Tenile failed to complete her education, failed to get a job and failed to enroll in college. Tenile refuted these allegations. The district court determined that because Tenile had always been the primary residential parent, she should continue to be the residential custodian. The court denied John's motion to amend. Upon review, the Supreme Court determined John failed to meet his burden of proof that the children's best interests would be better served by requiring Tenile to relocate to Montana or by granting primary physical custody to John. Accordingly, the Court affirmed the district court's order. View "Hood v. Hood" on Justia Law

Defendant Christopher Robin Lewis appealed a district court judgment that found him ineligible for parole. In 2010, Defendant was charged with aggravated assault for the abuse of his minor sons. Nothing in Defendant's plea agreement addressed the district court's authority to restrict Defendant's eligibility for parole, and it contained no promise from the State regarding such a restriction. Defendant took exception to a subsequent presentencing investigation report (PSI) that recommended the court impose a twenty-year sentence with fifteen years suspended. The PSI recommended that Defendant not be considered eligible for release until he completed a chemical dependency treatment, anger management program and a mental health assessment. The court eventually sentenced Defendant to twenty years with ten years suspended without parole. Finding that the district court did not abuse its discretion in sentencing Defendant, the Supreme Court affirmed the district court and Defendant's sentence. View "Montana v. Lewis" on Justia Law