Justia Montana Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the district court concluding, as a matter of law, that Plaintiff’s claims against Dr. Rodney Brandt were barred by the applicable statute of limitations.Dr. Brandt performed surgery on Plaintiff’s knee in 2008. Shortly thereafter, Plaintiff began to experience new knee pain. In 2012, Plaintiff filed this claim asserting that Dr. Brandt negligently performed surgery on her knee. The district court ruled that Plaintiff’s claim was filed after the three-year statute of limitations had run. The Supreme Court disagreed and remanded the case, holding (1) the date on which Plaintiff discovered or reasonably should have discovered her injury involved disputed issues of material fact; and (2) Plaintiff was entitled to have a jury decide when she discovered or through reasonable diligence should have discovered her injury and that it may have been caused by Dr. Brandt. View "Wilson v. Brandt" on Justia Law

The Supreme Court affirmed the judgment of the district court rejecting a reoffered plea agreement between the State and Appellant and leaving Appellant’s conviction undisturbed, despite a federal district court’s direction that the State reoffer Appellant an originally un-communicated and favorable plea proposal.Appellant was convicted of aggravated kidnapping and other crimes. Appellant later applied for a writ of habeas corpus in federal district court, arguing that he received ineffective assistance of counsel (IAC) because his counsel failed to communicate a plea offer to him. The federal district court granted Appellant’s petition relating to his IAC claim and remanded the case. In accordance with the court’s directions, the State reoffered Appellant an equivalent plea. The district court rejected the reoffered plea agreement because Appellant was unwilling to accept responsibility for his actions at the time the plea offer was made. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in rejecting the reoffered plea agreement; and (2) did not err by not allowing Appellant to withdraw his guilty plea after it rejected the reoffered plea agreement. View "State v. Rose" on Justia Law

The Supreme Court affirmed the judgment of the district court granting judgment in favor of Bridger del Sol, Inc. (BDS) and awarding BDS attorney fees in this declaratory action filed by BDS against VincentView, LLC. In the complaint, BDS asked the district court to declare that it was not breaching a commercial lease agreement between the parties and claimed that VincentView anticipatory breached the lease, causing BDS damages. The district court found that VincentView anticipatorily breached the lease and the BDS did not breach the lease. The Supreme Court affirmed, holding that the district court’s findings were supported by substantial evidence in the record and were not clearly erroneous. View "Bridger Del Sol, Inc. v. Vincentview, LLC" on Justia Law

Defendant pleaded no contest to felony criminal endangerment under Mont. Code Ann. 45-5-207. The district court imposed a ten-year sentence to the Department of Corrections, with five years suspended. Defendant appealed, asserting claims of judicial bias and ineffective assistance of counsel. At no time during the proceedings did Defendant state a claim of judicial bias against the district court. The Supreme Court affirmed, holding (1) this court declines to undertake consideration of the merits of Defendant’s bias allegation pursuant to the plain error doctrine; and (2) Defendant’s claim of ineffective assistance of counsel was not reviewable on direct appeal. View "State v. Howard" on Justia Law

The Supreme Court affirmed the denial of Plaintiffs’ motion to substitute Judge Edward P. McLean in this legal malpractice case.Plaintiffs sued Defendants for legal malpractice. After the Supreme Court reversed and remanded for an order of summary judgment, Judge McLean assumed jurisdiction in this case. After the trial, Judge McLean retired, and Chief Justice McGrath issued an order calling Judge McLean back into active service to preside over the case. Judge McLean then entered a final judgment in the case. The Supreme Court reversed and remanded for a new trial to determine the amount of Plaintiffs’ damages. Thereafter, Plaintiffs filed a motion for substitution of Judge McLean. Judge McLean denied the motion as untimely. The Supreme Court affirmed, holding that the district court correctly denied Plaintiffs’ motion where Plaintiffs had actual notice of Judge McLean’s assumption of jurisdiction, and Judge McLean retained jurisdiction after the Supreme Court reversed and remanded in Labair II and the Labairs filed their motion for substitution after the twenty-day deadline under Mont. Code Ann. 3-1-804(12). View "Labair v. Carey" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of criminal endangerment. On appeal, Defendant asserted judicial bias and argued that his appointed counsel violated their duty of loyalty. The Supreme Court held (1) this court declines to undertake consideration of the merits of Defendant’s bias allegation pursuant to the plain error doctrine because Defendant’s assertion of bias did not implicate a fundamental right or convince the court that failure to review the claim would result in a manifest miscarriage of justice, leave unsettled the question of the fundamental fairness of the trial proceedings, or compromise the integrity of the judicial process; and (2) Defendant’s ineffective assistance of counsel claims were not reviewable on direct appeal because they were not factually established in the record. View "State v. Howard" on Justia Law

The Supreme Court reversed the determination of the district court to quiet title in certain property to Zinvest, LLC, holding that the Department of Revenue’s defective property tax assessment voided the tax lien sale that resulted in Zinvest acquiring the Gallatin County’s interest.Gunnersfield Enterprises Inc. purchased five condominium units and an adjoining vacant lot in 2008. The deed was properly recorded, and a realty transfer certificate was submitted to the Department of Revenue, but the Department did not correctly update its ownership records for the vacant lot. While Gunnersfield paid the tax assessments for the condominium units yearly, the County Treasurer continued to send the tax bills for the vacant lot to the previous owner. The Treasurer eventually sold the lot for delinquent taxes and assigned its tax lien interest in the property to Zinvest. After Zinvest acquired a tax deed on the property Gunnersfield objected. The district court granted summary judgment for Zinvest and issued a final judgment quieting title to Zinvest. The Supreme Court reversed and remanded for entry of judgment quieting title in Gunnersfield, holding that the tax assessment on the vacant lot was void, and therefore, the subsequent tax lien sale and issuance of a tax deed were also void. View "Zinvest v. Gunnersfield" on Justia Law

The Supreme Court held that the district court did not err in dismissing Defendant’s motion to dismiss the State’s petition to revoke her suspended sentence on the ground that there had been a four-year delay in executing the arrest warrant.In 2009, the district court issued a “Montana only” warrant for the arrest of Defendant, who was on probation. Thereafter, Defendant was convicted of another offense in Colorado, where, several times, Defendant was paroled and then her sentence was revoked. Defendant discharged her Colorado sentences in 2013. That same year, Defendant was arrested on the 2009 warrant. Defendant moved to dismiss the petition to revoke her suspended sentence, arguing that the State violated her right to due process by failing to bring her to court without unnecessary delay. The district court concluded that Defendant had not suffered a deprivation of due process and then determined that Defendant had violated the terms of her original sentence. The Supreme Court affirmed, holding that the district court did not err in denying Defendant’s motion to dismiss the revocation petition. View "State v. Koon" on Justia Law

The Supreme Court affirmed the order of the district court affirming the municipal court’s denial of Defendant’s motion to suppress blood evidence in a driving under the influence of alcohol (DUI) proceeding against him, holding (1) the district court did not err in denying Defendant’s motion to suppress a telephonic search warrant issued pursuant to Mont. Code Ann. 61-8-402(5) to draw Defendant’s blood; and (2) this court declines to address Defendant’s argument that the warrant was invalid because Defendant did not receive the implied consent advisory prior to his blood draw. View "City of Missoula v. Williams" on Justia Law

An injured first party insured who is compelled to sue for underinsured motorist (UIM) benefits and recovers more at trial than the last insurance company offer, the insurer must pay the first party insured’s attorney fees in an amount determined by the district court to be reasonable.Plaintiff in this case filed suit against Farmers Insurance Exchange, demanding her UIM policy limits. After Farmers extended its final offer of $77,500 to settle the claim, the jury returned a verdict in the amount of $450,000 in favor of Plaintiff. Judgment was entered for the policy limit amount of $200,000. The district court denied Plaintiff’s motion for attorney fees. The Supreme Court reversed, holding that Farmers was required to pay Plaintiff’s attorney fees because Plaintiff was compelled to sue and the jury returned a verdict higher than the amount of the last offer made by Farmers to settle her UIM claim. View "Mlekush v. Farmers Insurance Exchange" on Justia Law