INITIATIVE PETITIONING: Requirement that signature gatherers be Montanans reversed, ban on pay per signature affirmed… Lovell affirmed, reversed. [Read more…]
Elections, Green Party ballot access challenge
ELECTIONS: Green Party’s challenge to Montana’s primary ballot access scheme upheld in part, rejected in part… Morris affirmed, reversed. [Read more…]
Elections, ballot interference, election day deadline
ELECTIONS: Preliminary injunction properly granted against ballot-delivery restriction, improperly granted against election-day ballot deadline… Harris affirmed, reversed. [Read more…]
Elections, ballot deadline, cure deadline
ELECTIONS: Harris’s order declaring unconstitutional the Election Day Ballot Deadline and Cure Deadline statutes and enjoining their enforcement for the 11/3 election is stayed… order. [Read more…]
Drugs, stop of person in vicinity of stolen vehicle
DRUGS: Sufficient particularized suspicion to stop person walking in vicinity of stolen vehicle… Menahan affirmed (IOR I-3(c)). [Read more…]
Elections, mail ballots receipt deadline
ELECTIONS: Order by Harris enjoining election-day receipt deadline for mail ballots stayed pending consideration of appeal on the merits… order. [Read more…]
Theft, computer’s felony valuation
THEFT: Insufficient evidence that computer’s market value exceeded $1,500… felony conviction reversed, remanded for entry of misdemeanor judgment… Cuffe reversed (IOR I-3(c)). [Read more…]
Sentencing, $33,000 child endangerment fine
SENTENCING: Challenge to $30,000 fine with $3,000 surcharge for criminal child endangerment not preserved for appeal… Wilson affirmed (IOR I-3(c)). [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]