SENTENCING: Defendant properly ordered to pay unspecified amount of costs of court-ordered mental evaluation… McLean affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal of cell phone conviction
MUNICIPAL COURT APPEAL of cell phone conviction properly dismissed for failure of jurisdictional amount of fine… Parker affirmed (IOR I-3(c)). [Read more…]
Hunting, crossing private land to access public land
HUNTING: Crossing private land to access public land constituted “hunting”… conviction of hunting without landowner permission affirmed… Cantin/Gilbert affirmed. [Read more…]
Abortion, preliminary injunction allowing by APRNs
ABORTION: Preliminary injunction properly granted allowing APRNs to perform early-term abortions pending challenge of statute restricting abortions to physicians and PAs… Menahan affirmed. [Read more…]
State lands, FWP conservation easement acquisitions
CONSERVATION EASEMENTS: Land Board approval not required for FWP acquisition of more than 100 acres/$100,000… AG Opinion overruled… opinion following expedited order. [Read more…]
FWP conservation easements, Land Board approval
FWP CONSERVATION EASEMENTS: AG Opinion precluding FWP from finalizing easements without Land Board approval overruled. . . full opinion to follow. . . order. [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]
Res judicata, denturists v. dentists
RES JUDICATA: 2 claims by new litigant in denturists/dentists dispute barred by claim and/or issue preclusion because privity exists… new disciplinary discrimination claim not barred… Seeley affirmed, reversed. [Read more…]
Supreme Court, candidate eligibility
SUPREME COURT candidate’s admission to practice in 2005 satisfies Constitution requirement that a justice be “admitted to the practice of law in Montana for at least five years prior to the date of appointment or election” notwithstanding his choice to [Read more…]
Choice of law, Michigan bank, supervisory control
CHOICE OF LAW: Request for supervisory control of Krueger as to “deemed denied” rulings on claim of Michigan law not sufficiently supported… order. [Read more…]