Justia Montana Supreme Court Opinion Summaries

Stephen Walks was charged with two counts of felony sexual intercourse without consent and two counts of felony sexual assault based on allegations made by his step-granddaughters, K.P. and K. The charges arose after K.P. disclosed to her mother that Walks had touched her inappropriately. Forensic interviews were conducted with both girls, during which they drew pictures depicting the alleged incidents. These drawings, along with their testimonies, were presented as evidence during the trial.The First Judicial District Court, Lewis and Clark County, presided over the trial. The jury found Walks guilty of felony sexual assault and two counts of felony sexual intercourse without consent. During deliberations, the jury was given unrestricted access to the drawings made by K.P. and K. during their forensic interviews and at trial. Walks objected to this, arguing that the drawings were testimonial in nature and should not have been available to the jury without supervision. The District Court overruled his objection.The Supreme Court of the State of Montana reviewed the case. The court held that the forensic interview drawings were not testimonial evidence and could be reviewed by the jury during deliberations. However, the court acknowledged that the trial drawings were testimonial but concluded that allowing the jury unsupervised access to these drawings was harmless error. The court reasoned that other substantial evidence presented at trial proved the same facts as the trial drawings, and there was no reasonable possibility that the error contributed to Walks' conviction. Consequently, the Supreme Court affirmed Walks' judgment of conviction. View "State v. Walks" on Justia Law

James Michael Kahl (James) and Jennifer June Sperano (Jennifer) have a minor daughter, M.A.K., born in May 2019. James filed a dissolution and parenting plan action in January 2020, which continued as a parenting plan matter after the parties agreed they were never married. Initially residing in Gardiner, Montana, both parents moved to Red Lodge, Montana, before separating. Jennifer returned to Gardiner and filed her own petition for a parenting plan. The Park County District Court transferred the case to the Carbon County District Court.At a February 2020 hearing, James requested supervised visitation for Jennifer due to her alleged chemical dependency issues, while Jennifer requested primary custody and supervised visitation for James, citing his allegedly abusive behavior. The District Court denied both requests for supervised visitation and ordered alternating weekly custody. In fall 2024, with M.A.K. starting school, both parents requested amended parenting plans. The District Court found both Red Lodge and Gardiner suitable for M.A.K. and ultimately granted Jennifer primary custody during the school year, with James having alternating weekends and extended summer parenting time.The Montana Supreme Court reviewed the case. James raised four issues on appeal: the admissibility of Judge Brenda R. Gilbert's testimony, the District Court's decision not to follow the Guardian Ad Litem's (GAL) recommendation, an alleged factual error regarding Jennifer's employment, and the workability of the parenting plan. The Court found no error in admitting Judge Gilbert's testimony, as she was not the presiding judge and provided relevant testimony. The Court also held that the District Court properly evaluated the GAL's recommendations and found substantial evidence supporting the District Court's findings regarding Jennifer's employment and the parenting plan's workability. The Montana Supreme Court affirmed the District Court's decision. View "Marriage of: Kahl & Sperano" on Justia Law

A mother appealed the July 2024 orders of the Montana Thirteenth Judicial District Court, Yellowstone County, which awarded guardianship of her children, I.R.S. and M.W.A.H., to non-kinship, non-Native American foster parents. The children were removed from the mother's home due to her illicit drug use and associated safety concerns. I.R.S. is a member of the Northern Cheyenne Tribe, triggering the Indian Child Welfare Act (ICWA). The Department initially placed I.R.S. with the mother's sister (Aunt), but later removed him due to allegations of physical abuse. The mother did not object to the new placement at the time. M.W.A.H. was born in September 2022 and was also removed from the mother's custody due to her continued issues. Both children were placed with a non-kinship, non-Native American foster family.The District Court adjudicated both children as youths in need of care and extended temporary custody to the Department. The mother did not contest these adjudications. The Department later petitioned for guardianship, which the mother initially contested but later approved of the placement. However, she changed her mind multiple times during the proceedings. The Aunt filed a motion to intervene, asserting her right under ICWA, but later withdrew her motion and was deemed an "interested person."The Montana Supreme Court reviewed the case and affirmed the District Court's decisions. The court held that the mother was not denied her right to counsel, as she had stipulated to the adjudication and did not pursue a transfer to tribal court. The court also found that the District Court did not err in failing to treat the mother's questions about transferring her case to tribal court as a motion to transfer. Additionally, the court concluded that the District Court did not erroneously deny the Aunt's motion to intervene, as she withdrew her motion. Finally, the court held that the District Court correctly concluded that good cause existed to deviate from ICWA placement preferences, as the Department had made diligent efforts to find a suitable ICWA-preferred placement but found none. View "In re I.R.S. & M.W.A.H." on Justia Law

The State of Montana charged John Raymond Welzel with Assault with a Weapon, a felony, on November 14, 2022. On April 4, 2023, Welzel pled no contest during a change of plea hearing. The District Court released him on his own recognizance, with the condition that he reside either at the Recovery Centers of Montana (RCM) or with his father before sentencing. Welzel attended treatment at RCM from April 5, 2023, to May 6, 2023. On June 15, 2023, the District Court sentenced Welzel and credited him with 142 days of time served, excluding the 30 days spent at RCM.The Eleventh Judicial District Court of Flathead County reviewed the case and determined that Welzel was not entitled to credit for the time spent at RCM. The court's order did not mandate Welzel to attend or complete treatment at RCM, only to reside there or with his father. The court concluded that Welzel's stay at RCM was not "under the order of the court" as required by the relevant statute for credit for time served.The Supreme Court of the State of Montana reviewed the case. The court held that Welzel was not entitled to credit for the time spent at RCM because the District Court's order did not require him to attend treatment or impose consequences for not doing so. The court emphasized that the statute requires the time spent in a residential treatment facility to be "under the order of the court" to qualify for credit. The Supreme Court affirmed the District Court's judgment and sentence. View "State v. Welzel" on Justia Law

Kratzer Construction entered into a subcontract with Hardy Construction Co. to perform work on a building addition for Ekalaka Public Schools. Kratzer completed the work and submitted pay applications, including one for $92,856.45, which Hardy partially disputed due to unapproved change orders. Hardy offered to pay $81,153 upon Kratzer signing a release, but Kratzer refused, demanding the full amount plus interest. Hardy later offered the same amount without requiring a release, but Kratzer still declined, insisting on interest.The Sixteenth Judicial District Court granted summary judgment to Kratzer, ruling that Hardy owed $81,153 plus 18% interest from January 6, 2022, and attorney fees, as Kratzer was deemed the prevailing party. Hardy appealed, arguing that Kratzer failed to meet a condition precedent in the subcontract requiring submission of releases from his subcontractors before final payment.The Supreme Court of Montana reviewed the case and concluded that the subcontract's provisions were clear and unambiguous. The court determined that Kratzer's failure to submit the required releases constituted a breach of the subcontract, and Hardy was entitled to withhold payment. The court found that Hardy's offers to settle did not constitute a waiver of the condition precedent or a novation of the contract.The Supreme Court reversed the District Court's summary judgment in favor of Kratzer, including the awards for interest and attorney fees. The court remanded the case for entry of judgment in favor of Hardy, requiring Hardy to pay Kratzer $81,153 for services rendered under the subcontract, less reasonable attorney fees and costs incurred by Hardy. View "Kratzer Construction v. Hardy Construction" on Justia Law

Upper Missouri Waterkeeper and seven Broadwater County residents challenged the approval of a subdivision by 71 Ranch, LP, arguing it did not meet the "exempt well" exception for a water rights permit. They sought attorney fees under the Montana Water Use Act, the Uniform Declaratory Judgments Act (UDJA), and the Private Attorney General Doctrine. The District Court denied their request for fees under all three claims.The First Judicial District Court found that the subdivision's environmental assessment was inadequate and that the County abused its discretion in approving the subdivision. The court ruled in favor of Upper Missouri on most claims but denied their request for attorney fees. The plaintiffs appealed the denial of fees.The Montana Supreme Court reviewed the case and agreed with the District Court that the Water Use Act did not authorize fees. However, the Supreme Court reversed the denial of fees under the UDJA, finding that the District Court abused its discretion. The Supreme Court held that the equities supported an award of attorney fees and that the declaratory relief sought by Upper Missouri was necessary to change the status quo. The case was remanded to the District Court to determine a reasonable amount of fees and their apportionment. The Supreme Court did not address the private attorney general claim. View "Upper Missouri v. Department of Natural Resources and Conservation" on Justia Law

Jonah Micah Warr called 911 on July 29, 2020, expressing suicidal intent. Ravalli County Deputy Gregoire responded, and Warr, armed with a knife and experiencing a severe mental health crisis, advanced toward the deputy. Warr was subdued with tasers. On August 10, 2020, the State charged Warr with Assault on a Peace Officer, a felony, alleging he caused reasonable apprehension of serious bodily injury in Gregoire by use of a weapon. Warr faced a mandatory minimum of two years in prison.Warr initially entered a no contest plea on September 1, 2021, under a plea agreement that included a five-year suspended sentence and an exception to the mandatory minimum sentence due to mental impairment. The District Court rejected this plea agreement on December 1, 2021, doubting the applicability of the mental impairment exception due to evidence of voluntary intoxication. Warr withdrew his plea, and the case was reset for trial. On May 10, 2022, Warr re-entered a no contest plea under the same agreement, providing additional evidence of his mental impairment. On July 28, 2022, the District Court definitively rejected the plea agreement again, ruling that Warr's impairment resulted primarily from voluntary intoxication. Warr's request to withdraw his plea was denied by the court, which required a written motion.The Supreme Court of the State of Montana reviewed the case. The court affirmed the District Court's conclusion that the mental impairment exception under § 46-18-222(2), MCA, did not apply, as Warr's impairment was influenced by voluntary intoxication. However, the Supreme Court reversed the District Court's decision regarding Warr's right to withdraw his plea. The court held that the District Court violated § 46-12-211(4), MCA, by not allowing Warr to withdraw his plea immediately after rejecting the plea agreement. The case was remanded to the District Court to afford Warr the opportunity to withdraw his plea. View "State v. Warr" on Justia Law

A.L.U. was born to Rozlyn Bluemel and Tyler Uhrich in March 2020. After Rozlyn and Tyler became estranged, Tyler murdered Rozlyn in May 2022. Following the murder, the Montana Department of Public Health and Human Services placed A.L.U. in the care of her paternal grandparents, Ashley and Vijay Uhrich, who later adopted her. After the adoption, the Uhrichs terminated all visitation between A.L.U. and her maternal grandmother, Sharline Bluemel. Sharline then filed a petition for grandparent visitation, seeking increased visitation time with A.L.U.The Twentieth Judicial District Court, Lake County, granted Sharline's petition in part, allowing her limited supervised visitation with A.L.U. The court found that maintaining a connection with her maternal grandmother was in A.L.U.'s best interest, despite the objections of the Uhrichs. The court set a visitation schedule for Sharline to have four-hour supervised visits with A.L.U. once every two months.The Uhrichs appealed the decision to the Supreme Court of the State of Montana, arguing that the District Court erred by not properly applying the statutory presumption in favor of their wishes as fit parents. They contended that the court improperly substituted its judgment for theirs regarding A.L.U.'s best interests.The Supreme Court of the State of Montana affirmed the District Court's decision. The court held that the District Court correctly applied the statutory standard and found clear and convincing evidence that limited contact with Sharline was in A.L.U.'s best interest. The court noted that the District Court's findings were supported by substantial evidence and that the visitation schedule was reasonable and addressed the Uhrichs' concerns by requiring supervised visits at agreed-upon locations. View "Grandchild visitation of A.L.U." on Justia Law

On the evening of May 2, 2021, and into the early hours of May 3, 2021, an incident occurred at the home of Judy Foster involving her adoptive son, Donald Edward Foster, and M.W., an 18-year-old acquaintance. Foster, armed with a knife and later a handgun, threatened both women, restrained and bound them, and moved them to the basement. He isolated Judy in a bathroom and then committed multiple distinct acts of sexual assault against M.W., including oral, anal, and attempted vaginal penetration, each separated by time, location, and intervening events. After several hours, M.W. convinced Foster to leave the house, and he was apprehended by law enforcement.The State charged Foster with multiple counts, including aggravated sexual intercourse without consent, attempted sexual intercourse without consent, and aggravated kidnapping. During jury selection, the State disclosed newly discovered evidence from Foster’s cellmate, leading to an in-chambers discussion from which Foster was absent due to safety concerns. Foster’s counsel moved for a continuance, which the District Court of the Thirteenth Judicial District, Yellowstone County, granted. Foster later ratified this decision. At trial, the State did not use the cellmate’s evidence, and the jury convicted Foster on all counts.The Supreme Court of the State of Montana reviewed Foster’s claims of ineffective assistance of counsel, statutory violations regarding multiple charges from the same transaction, and due process violations for his absence from a critical stage. The court held that counsel was not ineffective for failing to object to multiple charges, as each offense was based on distinct acts. The court also found that Foster’s absence from the in-chambers discussion was harmless error, as he was promptly informed and ratified the decision, and the evidence in question was not used at trial. The court affirmed Foster’s convictions. View "State v. Foster" on Justia Law

Cole Michael Jacob was charged with felony indecent exposure after exposing himself to a minor. Initially pleading not guilty, Jacob later executed a plea agreement to enter an Alford plea in exchange for a recommended 10-year sentence with 6 years suspended and the withdrawal of the State's intent to seek persistent felony offender (PFO) status. However, Jacob requested more time to discuss the agreement and eventually decided not to change his plea. On the day of his trial, Jacob entered an Alford plea under a new agreement, where the State agreed not to seek a sentence exceeding 20 years and to withdraw its PFO notice.The Twentieth Judicial District Court, Lake County, held a sentencing hearing where the State recommended a 20-year sentence and presented a victim impact statement from the victim’s father. Jacob objected to the statement being read, claiming he had not received a copy. The court allowed the statement, and Jacob was sentenced to 15 years at the Montana State Prison with a requirement to complete sex offender treatment before being eligible for parole.Jacob appealed to the Supreme Court of the State of Montana, arguing that his due process rights were violated by the reading of the victim impact statement and that he should have been sentenced under the initial plea agreement, claiming he was not mentally competent to reject it. The Supreme Court found that Jacob’s due process rights were not violated as he did not allege any false information in the victim impact statement. Additionally, the court determined that Jacob did not preserve his argument regarding the plea agreement for appeal, as he did not raise the issue of his mental competence to reject the agreement before the District Court. The Supreme Court affirmed the District Court’s judgment. View "State v. Jacob" on Justia Law