Justia Montana Supreme Court Opinion Summaries

The district court terminated Mother's parental rights to her two daughters (collectively, Children). Mother appealed. The Supreme Court affirmed, holding (1) the Department of Health and Human Services (Department) undertook sufficient active efforts to reunify Mother and Children as required under the Indian Child Welfare Act (ICWA); (2) the Department provided sufficient evidence that reunification of Children with Mother would cause serious physical or emotional damage to Children; (3) the district court correctly determined that Mother had stipulated to the terms of the treatment plan; and (4) all stipulations in ICWA involuntary termination proceedings need not be reduced to writing. View "In re D.A." on Justia Law

After Defendant stole numerous firearms and other merchandise from his employer, the United States charged him with theft of firearms from a federal licensee and possession of stolen firearms. Defendant pleaded guilty to the charges. Meanwhile, the State charged Defendant with theft by common scheme for his theft of the non-firearm merchandise. Defendant filed a motion to dismiss for violation of his statutory double jeopardy rights. The district court denied the motion. Defendant subsequently entered a conditional plea of guilty to the charge. The Supreme Court affirmed the district court's denial of Defendant's motion to dismiss, holding that double jeopardy did not bar the State's prosecution of Defendant for his theft of non-firearm items pursuant to the three part test set forth in State v. Fox. View "State v. Cline" on Justia Law

In 2007, Defendant received a suspended sentence for felony offense that was ordered to run consecutively to his revocation in another proceeding in which he was serving probation after being transferred from juvenile to adult supervision. In 2012, the State filed a petition to revoke Defendant's 2007 suspended sentence. Defendant filed a motion to dismiss the petition. The district court denied Defendant's petition and revoked Defendant's 2007 sentence. The Supreme Court affirmed, holding that the district court properly denied Defendant's motion to dismiss the petition where (1) Defendant was here challenging his 2007 as illegal, and his challenge was untimely; and (2) the consecutive designation of the 2007 was not properly raised here. View "State v. Adams" on Justia Law

Plaintiff injured his shoulder while working for his employer, who was insured by the Montana State Fund. The State Fund paid for Plaintiff's two shoulder injuries and paid temporary total disability (TTD) benefits after informing Plaintiff that if he returned to gainful employment without the State Fund's knowledge and continued to receive benefits, he would be subject to legal action or criminal prosecution. After the State Fund discovered that Plaintiff had built and sold furniture and worked at a vacuum cleaner store while receiving TTD benefits, the assistant attorney general charged Plaintiff with theft, a felony. The State Fund subsequently terminated Plaintiff's TTD benefits. Plaintiff filed suit against the State fund and its private investigators, alleging that Defendants violated Montana's Insurance Code regarding unfair claim settlement practices and pleaded a variety of common law causes of action. The district court ruled in favor of Defendants. The Supreme Court affirmed the district court's entry of judgment in favor of the State Fund, holding that the district court did not err in (1) granting the State Fund's motion to dismiss Defendant's claims under the Insurance Code; and (2) granting the State Fund's motion for summary judgment regarding Plaintiff's common law claims. View "White v. State ex rel. Mont. State Fund" on Justia Law

The Leonards entered into contracts with Centennial for the sale of a log home kit and construction of a custom log home. The Leonards later released Centennial from any claims for damages for defective construction or warranty arising out of the home's construction. Greg and Elvira Johnston held a thirty-six percent interest in the property at the time the release was signed. Eventually, all interest in the property was transferred to the Elvira Johnston Trust. A few years later, because of a number of construction defects affecting the structural integrity of the house, the Johnstons decided to demolish the house. The Johnstons sued Centennnial for negligent construction, breach of statutory and implied warranties, and other causes of action. The district court granted summary judgment for Centennial, finding that the Johnstons' claims were time-barred and were waived by the Leonards' release. The Supreme Court (1) reversed the court's ruling that the Johnstons' claims were time-barred and directed that the decision on remand apply only to the interest owned by the Johnstons at the time the release was executed; and (2) affirmed the district court's conclusion that the release was binding on the Leonards' sixty-four percent interest, later transferred to the Trust. View "Johnston v. Centennial Log Homes & Furnishings, Inc." on Justia Law

Pursuant to a plea agreement, Defendant pleaded guilty to one count of negligent vehicular assault and driving while suspended. The district court sentenced Defendant to a six-year deferred sentence. Defendant, who lived in Oregon, expected to immediately return to Oregon but was informed by his probation officer that he must complete ninety days on supervision before he was permitted to leave Montana. Defendant moved to withdraw his plea. The district court denied the motion, concluding that Defendant's plea was entered voluntarily because defense counsel never promised that Defendant would be allowed to reside in Oregon. The Supreme Court affirmed, holding (1) the district court correctly concluded that Defendant failed to demonstrate defense counsel rendered ineffective assistance; and (2) the district court correctly concluded that Defendant's plea was not involuntarily entered where defense counsel's failure to accurately predict that Defendant would have to complete ninety days in Montana on good behavior before returning to Oregon did not rise to the level of gross mischaracterization. View "State v. Prindle" on Justia Law

After a jury trial, Defendants were convicted of aggravated cruelty to animals, a felony, for knowingly mistreating or neglecting several cats in the form of cruel confinement and/or inadequate nourishment. The Supreme Court affirmed, holding (1) the State presented sufficient evidence upon which a rational trier of fact could find beyond a reasonable doubt that Defendants, without justification, knowingly subjected their animals to mistreatment or neglect; and (2) the district court did not abuse its discretion in denying Defendants' motion for a mistrial, as the prosecutor's remarks during closing argument were not so egregious as to render the juror incapable of judging the evidence fairly. View "State v. Criswell" on Justia Law

Respondent purchased a 240-acre parcel of land in Gallatin County in 1980 that he rented out for grain and hay production. Respondent subdivided a thirty-acre parcel of the property in 1995. The subdivision was known as Bridger Lake Meadows (BLM). Respondent adopted covenants for BLM at the time he subdivided the property reflecting his intent that the lots be used for private residential purposes. However, Respondent sold no lots in BLM, which remained in hay and grain production. In 2009, the Department his Revenue (DOR) reclassified BLM from agricultural land to residential land. Respondent requested an informal review with DOR on the grounds that nothing had changed on the land or its usage. DOR denied the request due to the restrictions imposed by the covenants. The State Tax Appeal Board (STAB) determined that Respondent's property satisfied the statutory test for agricultural classification. The district court affirmed. The Supreme Court affirmed, holding that Respondent's continued use of the land for agricultural purposes belied any claim that the covenants "effectively prohibit" agriculture as contemplated by the amendment to Mont. Code Ann. 15-7-202(5). View "State Dep't of Revenue v. Heidecker" on Justia Law

In 2011, the Granite County Commissioners (County) created a Georgetown Lake zoning district and adopted Georgetown Lake zoning regulations. Plaintiff filed this action to declare void the County's resolution to create the zoning district and to adopt the zoning regulations. The district court entered summary judgment that the County had properly enacted the Georgetown Lake zoning and determined Plaintiff to be a vexatious litigant. The Supreme Court affirmed except for the portion of the judgment requiring Plaintiff to pay the County's attorneys' fees, holding that the district court (1) correctly ruled that the County properly enacted the zoning; (2) did not err in determining that Plaintiff was a vexatious litigant; but (3) erred in its award of attorneys' fees to the County, as this case was not a case in which extraordinary circumstances justified the award of attorneys' fees. View "Motta v. Granite County Comm'rs" on Justia Law

Julie petitioned for dissolution of her marriage to William. Because he did not object to the dissolution of their marriage or to Julie's proposed distribution of assets, William elected to default. The district court subsequently issued a final decree of dissolution. Thereafter, William filed a Mont. R. Civ. P. 60(b) motion to set aside the judgment, arguing that the decree should be set aside as void because the district court awarded Julie more than she had prayed for in her original pleading in violation of Mont. R. Civ. P. 54(c). The Supreme Court reversed and remanded, holding (1) the district court surprised William by not giving him advance notice that it might award Julie more than she had requested in her petition and by not giving William a meaningful opportunity to contest the distribution of assets before rendering a final judgment; and (2) the district court should have set aside the judgment under Rule 60(b)(1) due to William's surprise. View "In re Marriage of Steyh" on Justia Law