CaseBriefs | Montana Supreme Court
Court cases from May 1 - June 25 Editor’s note: Because of limited print space, the new format of Beth Brennan’s case briefs for print in the Montana Lawyer are abbreviated. Full versions -- including explanation of facts, procedural posture & holding, and reasoning -- are available at the author’s website -- http://brennanlawandmediation.com/mt-supreme-court-summaries By Beth Brennan
STATE V. BULLPLUME Keywords: 5-0 panel, Affirmed, Failiure to register as sex offender, Lenihan exception, Probationary conditions State v. Bullplume, 2013 MT 169 (June 25, 2013) (5-0) (McKinnon, J.) Issue: (1) Whether Bullplume waived appellate review of the requirement that he pay for his court-ordered evaluations and treatment, and (2) whether the district court abused its discretion in imposing certain conditions on Bullplume’s sentence, related specifically to sexual offenders. Short Answer: (1) Yes, and (2) no. Affirmed.
CITY OF MISSOULA V. GIRARD Keywords: 5-1 panel, Reversed, Right to jury trial, Waiver City of Missoula v. Girard, 2013 MT 168 (June 20, 2013) (5-1) (McKinnon, J.; Rice, J., dissenting) Issue: Whether the district court correctly held that Girard’s failure to appear at the final pretrial hearing constituted a waiver of his right to trial by jury. Short Answer: No. Reversed.
IN THE MATTER OF ADB Keywords: 5-0 panel, Affirmed, Guardian ad litem, Parentchild, Termination of parental rights In the Matter of ADB, 2013 MT 167 (June 20, 2013) (5-0) (McKinnon, J.; McGrath, C.J., specially concurring) Issue: (1) Whether DPHHS made reasonable efforts to reunite Mother with ADB; (2) whether the district court properly concluded that Mother’s drug addiction rendered her unfit to parent ADB, and that her condition was unlikely to change within a reasonable time; (3) whether the district court had jurisdiction to terminate Father’s parental rights; (4) whether Father’s attorney rendered ineffective assistance of counsel; (5) whether the district court erred in terminating Father’s parental rights based upon his incarceration for mitigated deliberate homicide; and (6) whether the district court correctly concluded Page 24
that terminating Mother’s and Father’s parental rights was in ADB’s best interest. Short Answer: (1) Yes; (2) yes; (3) yes; (4) no; (5) no; and (6) yes. Affirmed.
CITIZENS FOR BALANCED USE V. MAURIER Keywords: 7-0 panel, Bison, Injunctive relief, Reversed Citizens for Balanced Use v. Maurier, 2013 MT 166 (June 19, 2013) (7-0) (McGrath, C.J.; Rice, J., concurring) Issue: Whether the district court properly issued a preliminary injunction on the basis that the Department of Fish, Wildlife & Parks had violated § 87-1-216, MCA, by transferring bison to the Ft. Peck Reservation. Short Answer: No. Tribal lands are not “private or public lands in Montana,” and the statute therefore does not apply. Reversed.
STATE V. WAGNER Keywords: 5-0 panel, Affirmed, DUI, Motion to suppress, Particularized suspicion State v. Wagner, 2013 MT 159 (June 18, 2013) (5-0) (McKinnon, J.) Issue: Whether the officer had particularized suspicion to justify an investigative stop. Short Answer: Yes. Affirmed.
ROSE V. STATE Keywords: 7-0 panel, Affirmed, Ineffective assistance of counsel, Postconviction relief Rose v. State, 2013 MT 161 (June 18, 2013) (7-0) (Wheat, J.) Issue: Did the district court properly deny Rose’s claim for postconviction relief, which alleged (1) that Rose’s trial counsel provided ineffective assistance, (2) that appellate counsel provided ineffective assistance by failing to raise certain issues on appeal, and (3) that Rose was denied access to counsel at a CASE BRIEFS, next page
November 2013