Justia Montana Supreme Court Opinion Summaries
Articles Posted in Montana Supreme Court
State v. Burns
After Brandon Burns was charged with felony DUI, Burns entered into a non-binding plea agreement with the State requiring the State to recommend a fifteen year prison sentence with five years suspended. The plea agreement was silent as to any possible fine. During the sentencing hearing, the State abided by its promise to recommend a fifteen year sentence and further recommended a $5,000 fine. The district court issued the State's recommended sentence, including the fine. Burns subsequently filed a motion to withdraw his guilty plea on the basis that the $5,000 fine violated the plea agreement. The district court denied the motion, concluding that the fine did not violate the plea agreement. The Supreme Court affirmed, holding that the evidence established that Burns failed to object to the fine at every step of the process, and accordingly, the district court properly denied Burns's motion to withdraw his guilty plea. View "State v. Burns" on Justia Law
Boude v. Union Pac. R.R. Co.
On August 9, 2007, Philip Boude filed a Federal Employers' Liability Act claim against his employer, Union Pacific Railroad Company, asserting that he experienced a work-related injury on July 29, 2006 due to the Railroad's negligence. The jury ruled in favor of Union Pacific. Boude appealed, contending that the district court committed multiple errors during the trial. The Supreme Court reversed, holding (1) the district court abused its discretion in admitting evidence of Boude's termination of employment and the Public Law Board's decision affirming his termination, as the evidence was inadmissible on three separate stand-alone grounds; and (2) the admission of the evidence was prejudicial, and reversal was appropriate. View "Boude v. Union Pac. R.R. Co." on Justia Law
Wendlandt v. Johnson
After Michael Johnson and Laura Wendlandt divorced, the couple's child, P.J., lived with Laura. Montana Child Protective Services later began investigating allegations that Michael sexually abused P.J. Laura filed an ex parte motion in the district court, requesting temporary emergency jurisdiction, assumption of continuing jurisdiction, and an order of protection. The district court appointed a guardian ad litem (GAL) for P.J. and awarded full custody to Laura until the GAL issued her report and recommendations. The district court eventually issued an order adopting the GAL's recommendations and ordered that full custody of P.J. would remain with Laura. No hearing was held. The Supreme Court reversed, holding that the district court erred in adopting and implementing the recommendations of the GAL without first holding a hearing. View "Wendlandt v. Johnson" on Justia Law
Posted in:
Family Law, Montana Supreme Court
Loi v. Feeley
Prior to the marriage of Todd Feeley and Anne Nang Loi, Anne inherited or was gifted money from the sale of her family's business. Anne filed for dissoluion of the parties' marriage in 2009. At trial, Anne alleged that approximately $180,000 of the parties' $198,000 down payment on the marital home came from her inherited funds. The district court found that there was no evidence other than the testimony of Anne and her mother to establish that $180,000 of the inherited money had been applied to the down payment. Instead, the court found that Anne was entitled to an additional $79,982 in equity from the marital home because this amount could be traced to the down payment. The Supreme Court affirmed, holding that Anne failed to show the district court's equitable distribution of the marital estate lacked credible support in the evidence or otherwise constituted an abuse of discretion. View "Loi v. Feeley" on Justia Law
Posted in:
Family Law, Montana Supreme Court
Arlington v. Miller’s Trucking, Inc.
Oliver Arlington was employed by Miller's Trucking as a log truck driver and loader operator pursuant to an oral employment agreement. For his work, Miller's paid Arlington twenty-five percent of the "load rate" as calculated by Miller's. Arlington, however, asserted that according to the parties' oral agreement, he should have been paid a salary in the form of annual wages. Arlington filed a wage claim, seeking the pay he alleged he was owed in regular and overtime wages. The Department of Labor and Industry's bureau dismissed Arlington's claim for lack of merit and lack of sufficient evidence. On appeal, a bureau hearing officer dismissed Arlington's claim. The district court affirmed. The Supreme Court reversed, holding (1) the hearing officer acted arbitrarily and capriciously in failing to require Miller's to produce material requested by Arlington and in refusing to admit tendered evidence, prejudicing the substantial rights of Arlington, and the district court erred in affirming the hearing officer's judgment; and (2) the hearing officer and district court incorrectly determined that Arlington engaged in activities of a character directly affecting the safety of the operation of motor vehicles in interstate commerce and thus was exempt from overtime requirements. Remanded. View "Arlington v. Miller's Trucking, Inc." on Justia Law
Olsen v. Milner
This appeal arose from a dispute between two neighboring property owners regarding a workshop addition to the home of Appellants, Neil and Seth Milner (Milner). The addition violated the city's setback requirement, and Appellee Gary Olsen reached an agreement with Milner to sell strip of his property so the building would be in compliance. The parties disagreed, however, about the terms of the agreement. Milner filed suit, and the district court rescinded and set aside the agreement. Olsen was ordered to return Milner's money and costs, and Milner was required to deed the land back to Olsen. After Olsen discovered that Milner's addition encroached past the boundary line of his property, Olsen filed suit alleging trespass and nuisance. The district court found in favor of Olsen and ordered Milner to remove the addition. The Supreme Court affirmed, holding that the district court did not err in determining (1) Olsen's claims were not barred by res judicata; (2) Olsen's claims were not barred by equitable estoppel or waiver; and (3) Milner was liable to Olsen for trespass. View "Olsen v. Milner" on Justia Law
State v. Green
David Green pled guilty to felony aggravated assault and was sentenced to twenty years, with fifteen years suspended upon conditions. The conditions included the requirement that Green not use or possess illegal drugs. Defense counsel objected to the conditions on the basis that Green had no history of alcohol use and that the incident resulting in Green's charges did not involve alcohol. The district court overruled defense counsel's objection, finding that Green's refraining from alcohol use, considering his violent history, was necessary for his total rehabilitation. The Supreme Court affirmed the district court's imposition of green's alcohol-related sentencing conditions, holding that a sufficient nexus existed between the alcohol-related conditions and Green as an offender, and therefore, the district court did not err in imposing the conditions.
View "State v. Green" on Justia Law
Town of Manhattan v. Dep’t of Natural Res. & Conservation
The Town filed an application with the Montana Department of Natural Resources and Conservation (DNRC) seeking approval for proposed changes to its municipal well water rights. The DNRC notified the Town that its application was deficient because it did not contain information on the Town's historical use of its rights. The Town did not provide the information, contending that the information was irrelevant to its application. The DNRC then determined that the Town's application was not correct and complete as required by Mont. Code Ann. 85-2-302 and informed the Town that its application was terminated. The district court upheld the DNRC's decision. The Supreme Court affirmed, holding that, based on established Montana law and the applicable regulations, the DNRC was within its lawful authority to request that the Town provide information on its historical use of water as part of its application for approval of its proposed changes. View "Town of Manhattan v. Dep't of Natural Res. & Conservation" on Justia Law
State v. Melton
Pursuant to a plea agreement, Richard Melton pleaded guilty of failing to comply with the Sexual or Violent Offender Registration Act. The district court committed Melton to the Department of Corrections for two years, all suspended. As a condition of his suspended sentence, the district court prohibited Melton from frequenting places where children congregate or are reasonably expected to be present unless accompanied by an approved adult and granted permission from his probation officer beforehand. Melton objected to the condition, contending that the condition was indiscriminately imposed and unnecessarily burdened his constitutionally protected relationship with his children and his right to freedom of travel. The Supreme Court affirmed, holding that the condition was reasonably related to the objectives to rehabilitation and the protection of society and was not overbroad or unduly punitive. View "State v. Melton" on Justia Law
St. Germain v. State
A jury unanimously found Defendant Joel St. Germain guilty of four counts of incest and four counts of sexual intercourse without consent for sexually abusing his stepdaughter. The Supreme Court affirmed Defendant's conviction. Defendant then filed a petition for postconviction relief, setting forth nine claims of ineffective assistance of counsel against his defense counsel at trial and one claim against his original appellate counsel. The district court dismissed Defendant's petition, finding that Defendant received effective assistance of counsel. The Supreme Court affirmed, holding that the district court did not err when it (1) denied Defendant's petition based on his claims of ineffective assistance of trial counsel; and (2) denied Defendant postconviction relief based on his claim of ineffective assistance of appellate counsel. View "St. Germain v. State" on Justia Law