Justia Montana Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part Defendant's sentence of five years' imprisonment with two years suspended and fees and fines totaling $5560, as well as an order to pay imprisonment, probation, and alcohol treatment costs "if financially able," holding that the district court improperly failed to inquire into Defendant's ability to pay the fines, fees, and surcharges ordered.Defendant pled guilty to felony operation of a noncommercial vehicle by a person with a blood alcohol concentration of .08 or more, in violation of Mont. Code Ann. 61-8-406 and -731. Defendant challenged his sentence on appeal, arguing that the imposition of the financial costs violates statutes and the Court's precedents requiring district court findings about ability to pay. The Supreme Court reversed in part, holding that the district court (1) acted within its discretion to condition payment of imprisonment, probation, and treatment costs on a later determination of Defendant's ability to pay; (2) acted legally in imposing the mandatory $5000 fine; but (3) did not make the requisite inquiry into Defendant's ability to pay the $560 in fees and surcharges. View "State v. Yeaton" on Justia Law

The Supreme Court accepted certification of two questions by the United States Court of Appeals for the Ninth Circuit regarding whether a charitable write-off of medical expenses may be recovered as damages or is subject to the collateral source rule.Specifically, the Supreme Court concluded (1) for a claim that accrued prior to the effective date of Mont. Code Ann. 27-1-308 a plaintiff in a survival action may not recover the reasonable value of medical care and related services when the costs of such services or care are wholly written off under the provider's charitable care program and the patient receives a zero-balance bill; and (2) for a claim that accrued prior to the effective date of Mont. Code Ann. 27-1-308, such a charitable care write-off is not a collateral source within the meaning of section 27-1-307. View "Gibson v. United States" on Justia Law

The Supreme Court affirmed in part and reversed in part the special master's determination in the district court that resolved a dispute between PF2 Leasing, LLC and Jim Galipeau, the receiver for Black Gold Enterprises, LLC, holding that the special master exceeded the scope of his authority when he granted Galipeau immunity for actions Galipeau took regarding PF2's personal property.Specifically, the Supreme Court held that the special master (1) correctly concluded that a court-appointed receiver is protected by judicial immunity from liability; (2) properly determined that it was not necessary for Galipeau to require a release or indemnification agreement to return PF2's personal property; but (3) exceeded the scope of his authority in further granting Galipeau immunity for the actions Galipeau took regarding PF2's personal property. View "PF2 Leasing, LLC v. Galipeau" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of deliberate homicide with a weapons enhancement, holding that there were no grounds upon which to reverse Defendant's conviction.On appeal, Defendant argued that the State engaged in prosecutorial misconduct in its opening and closing statement, resulting in plain error, and that his trial counsel provided ineffective assistance in several respects. The Supreme Court disagreed, holding (1) the prosecutor's challenged statements were proper; and (2) Defendant failed to establish that trial counsel provided record-based ineffective assistance of counsel, in violation of Defendant's constitutional rights. View "State v. Polak" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of aggravated burglary, criminal trespass to property, and criminal possession of dangerous drugs, holding that there was no error in the proceedings below.On appeal, Defendant challenged the district court's admission of flight evidence and its jury instructions on the mental state elements of the charged offenses. The Supreme Court affirmed, holding (1) Defendant failed to establish that the admission of the flight evidence prejudiced him or violated his right to a fair trial; and (2) Defendant failed to demonstrate plain error in the district court's mental state instructions. View "State v. Strizich" on Justia Law

The Supreme Court reversed a portion of the restitution ordered in the judgment and sentence from the district court, holding that the district court erred when it ordered Defendant to pay the full restitution requested by a victim without accounting for statutory witness fees and expenses billable to the county.Defendant pleaded guilty to negligent homicide pursuant to an Alford plea. The State requested $6,795 in restitution for the father of the deceased victim, who was subpoenaed by the State, and the district court ordered Defendant to pay the full amount requested. On appeal, Defendant argued that the district court erred in including witness fees and expenses in the restitution order because the county was statutorily obligated to pay those fees and expenses. The Supreme Court reversed, holding that remand was required for further fact-finding to determine whether the ordered restitution included witness fees and expenses the county was responsible to pay Defendant under Mont. Code Ann. 46-15-116 and 26-2-501. View "State v. Lamb" on Justia Law

The Supreme Court affirmed the rulings of the district court that the State was covered by an insurance policy it had with National Indemnity Company (National) for claims made against the State for injury and death resulting from asbestos exposure but reversed the district court's rulings regarding qualifying "occurrences" under the policy, holding that remand was required for further consideration of these issues.This insurance dispute followed litigation between the State and claimants who alleged that they were harmed by the State's failure to warn them of the hazards of asbestos exposure over years of mining and milling operations in Libby, Montana. National insured the State against general liability from 1973-1975. National filed this action seeking determinations that it had no obligation to defend the State or to cover the claims. The State concluded that National breached its duty to defend the State but disagreed with the district court's determination of the number of "occurrences" eligible for coverage under the policy, holding that remand was required for further factual findings. View "National Indemnity Co. v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of one count of partner or family member assault (PFMA), holding that the district court did not err by permitting Defendant's ex-girlfriend to testify and that there was sufficient evidence to support the conviction.Defendant was charged with two counts of PFMA, both misdemeanors, and one count of strangulation of partner or family member, a felony. Defendant was found guilty of the second count of PFMA and was acquitted of the strangulation offense. On appeal, Defendant argued, among other things, that the State violated Mont. Code Ann. 46-15-322 and -327 by not disclosing his ex-girlfriend as a witness before trial. The Supreme Court affirmed, holding (1) the admission of the ex-girlfriend's testimony on a prior strangulation was error, but the error was harmless; and (2) there was sufficient evidence to sustain Defendant's conviction for the second count of PFMA. View "State v. Torres" on Justia Law

The Supreme Court affirmed Defendant's conviction of criminal distribution of dangerous drugs, holding that there was sufficient evidence to support the conviction and that the district court did not otherwise err.Defendant was convicted of criminal distribution of dangerous drugs and endangering the welfare of a child. Defendant appealed his drug offense conviction, arguing that insufficient evidence supported the conviction and that the district court deprived him of his right of allocution during his sentencing hearing. The Supreme Court affirmed, holding (1) the State presented sufficient evidence to support Defendant's drug conviction; and (2) Defendant failed to preserve the allocution issue. View "State v. McCoy" on Justia Law

The Supreme Court reversed the order of the youth court denying Appellant's motion to dismiss the State's petition to revoke his probation, holding that the youth court erred when it revoked Appellant's probation under a consent decree without Appellant's youth court petition having been reinstated.The youth court relied on the findings from its order to grant two dispositional orders that (1) granted the State's petition to revoke Appellant's probation and imposed a suspended sentence to the Montana Department of Corrections for placement in a secure juvenile facility, and (2) granted the State's second petition to revoke Appellant's probation and committed Appellant to Pine Hills Youth Correctional Facility. The Supreme Court reversed, thus vacating the youth court's two dispositional orders, holding that because the State failed to reinstate Appellant's original youth court petition, the youth court failed to follow the appropriate statutory procedure for a violation of a consent decree. View "In re C.L." on Justia Law