John C. Harrison

The case involved Kathleen Schindler, who was convicted in Justice Court of misdemeanor assault and criminal mischief and attempted to appeal to District Court by faxing a notice of appeal within the required 10-day window under § 46-17-311, MCA. The District Court dismissed the appeal as untimely, and Schindler appealed that dismissal. The Montana Supreme Court reversed, holding that the appeal was timely filed. It reasoned that the Montana Uniform Rules for Justice and City Courts, specifically Rule 21, governed time computation for the 10-day appeal period and required exclusion of intermediate Saturdays and Sundays, giving Schindler until March 18, 1994, to file, which she did regardless of the exact fax transmission time.

criminal lawprocedure

In State v. Milinovich, the defendant was charged with burglary and five counts of deliberate homicide arising from his alleged role in a 1991 riot at the Montana State Prison. During trial, he entered guilty pleas to burglary and one count of mitigated deliberate homicide under an agreement that dismissed the remaining homicide charges; he later moved to withdraw the pleas, arguing that comments by the district judge during a mid-trial conference had unfairly induced him to plead guilty. The district court denied the motion, and the Montana Supreme Court affirmed, holding that the judge's statements explained the defendant's options and the law without bias or improper inducement. The court further reasoned that the pleas were voluntary, that Milinovich had received the benefit of the bargain through reduced charges and sentencing exposure, and that the district court had not abused its discretion in refusing withdrawal.

criminal lawprocedure

This case involves a former husband's appeal of a district court order modifying the child support provisions of a 1982 marital dissolution decree. The Montana Supreme Court addressed whether substantial and continuing changes in circumstances rendered the original decree unconscionable, whether the district court properly extended the duration of support payments for children still in high school after reaching majority, the computation of support amounts, interest on arrears, and the award of attorney fees. The court affirmed in part, reversed in part, and remanded for further proceedings, holding that modification requires a showing of unconscionability under the applicable statute and that the district court had authority to extend support in limited circumstances tied to high school enrollment but erred in other respects such as verbatim adoption of findings. The core reasoning centered on statutory interpretation of child support modification standards under Montana law and the distinction between emancipation, majority, and high school completion.

family law

Tina Hash appealed the dismissal of her employment discrimination complaint against U.S. West Communications Services and a supervisor. The Montana Supreme Court affirmed the district court's grant of summary judgment to the defendants, concluding that Hash's claim was time-barred. The court held that the cause of action accrued and the limitations period began when Hash was notified in June 1991 that her position would be eliminated, that a timely filing with the Human Rights Commission is a prerequisite to suit in district court even after issuance of a right-to-sue letter, and that no genuine issue of material fact existed regarding equitable tolling.

labor & employmentcivil rightsprocedure

This case involves Jerrold Lundberg appealing a Workers' Compensation Court decision that classified him as an independent contractor rather than an employee of Pyramid Mountain Lumber Company, thereby denying him workers' compensation benefits for injuries sustained while purchasing timber. The Montana Supreme Court reversed the lower court's ruling, determining that Lundberg was an employee eligible for benefits. The court analyzed multiple factors under Montana law for distinguishing employees from independent contractors, finding that the independent business factor supported employee status and that the other factors did not provide sufficient evidence to support independent contractor classification.

labor & employment

This case involved Howard Larry Phillips, a firefighter employed by the City of Livingston, Montana, who was suspended and terminated by the city manager following allegations of theft. Phillips petitioned for a writ of mandamus to compel his reinstatement, arguing that the termination hearing did not comply with Montana statute § 7-33-4124, which requires such hearings to be held before the city council rather than the city manager. The district court denied the petition, but the Montana Supreme Court reversed, holding that the state statute supersedes the city's local procedures and mandates a hearing before the council. The court reasoned that the statute clearly establishes the council's duty to hold the hearing and provides for reinstatement as the remedy if it is not held, making mandamus the appropriate relief.

labor & employmentprocedure