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

This case involved a dispute over the termination of a three-year farm lease between Fox Grain and Cattle Co. and tenant Frank Maxwell, where Fox claimed Maxwell breached by failing to cultivate all land and maintain it in a farmer-like manner, while Maxwell counterclaimed for damages including unpaid CRP proceeds, machinery losses, and mitigation failures. A jury found no material breach by Maxwell, awarded him various damages including $95,000 for violation of the implied covenant of good faith and fair dealing, and the district court granted judgment notwithstanding the verdict to eliminate that award. On appeal, the Montana Supreme Court affirmed in part, upholding the JNOV on the good faith claim, the jury's no-breach finding, other damage awards, and summary judgment granting Maxwell ownership of a volunteer crop harvested in 1989 under the lease terms, while remanding for further proceedings.

propertybusiness & regulatoryprocedure

The case was an appeal by Grant Hildreth from his jury conviction in Montana district court for felony sexual assault of his fifteen-year-old cousin in 1989. Hildreth raised multiple claims of error, including the lack of an omnibus hearing, jury instructions on the date of the offense, rebuttal witnesses, a motion in limine, ineffective assistance of counsel, inadmissible hearsay, and cumulative error. The Montana Supreme Court affirmed the conviction and denial of a new trial, concluding that any procedural errors were harmless because they did not prejudice Hildreth's substantial rights and the evidence was sufficient to support the verdict.

criminal lawprocedure

This case involved Scott Santee appealing the suspension of his driver's license after he was arrested for driving under the influence and refused a breathalyzer test. Officers responded to reports of an intoxicated man entering a truck in the American Bank parking lot, stopped Santee as he began driving away, and invoked Montana's implied consent law upon his refusal. Santee petitioned the district court to restore his license, arguing that officers lacked reasonable grounds for arrest and that the bank parking lot was not a way of the state open to the public. The Supreme Court of Montana affirmed the 90-day suspension, holding that witness statements provided reasonable grounds for the arrest and that the lot qualified as a public way under state statute because it was commonly used by patrons of nearby businesses despite posted restrictions. The court reasoned that the facts met the statutory criteria for license revocation under the implied consent provisions.

criminal lawprocedure

This case involved the dissolution of the marriage between Terry and Carol Shikany. Terry obtained a default judgment of dissolution and an order transferring title to the couple's Billings residence after serving Carol by publication in a local newspaper while she was traveling out of state. The district court denied Carol's motion under Rule 60(b) to set aside the default judgment and conveyance order. On appeal, the Montana Supreme Court reversed, holding that the judgment and order were void because Terry failed to demonstrate due diligence in attempting personal service despite knowing Carol's location and contact information, and the supporting affidavit was insufficient under Rule 4D(5)(c), depriving the court of jurisdiction and violating due process.

family lawpropertyprocedure

In State v. Langford, the defendant appealed his convictions for burglary and deliberate homicide arising from a 1991 riot at the Montana State Prison in which nine inmates seized control of the maximum-security unit, resulting in the deaths of five protective-custody inmates. Langford challenged the trial court's denial of his request to represent himself, its admission of evidence concerning a later shooting incident during the retaking of the unit, its refusal to recuse the presiding judge, and its admission of autopsy photographs of the victims. The Montana Supreme Court affirmed the convictions, holding that the district court properly denied self-representation, that the challenged evidence was relevant and not unduly prejudicial, that the record showed no bias requiring recusal, and that the photographs were admissible for explanatory purposes provided they were not sent to the jury room. The court concluded there was no reversible error in any of the rulings.

criminal lawprocedure

This case involves a mother's appeal of a district court order transferring legal custody of her two young children to the Department of Family Services for six months, based on concerns about her substance abuse and the children's well-being. The mother, a member of a Native American tribe, had relapsed into drug use during pregnancy, and the children showed signs of trauma and instability after investigations involving her living situation. The Supreme Court of Montana affirmed the decision, finding that clear and convincing evidence, including testimony from experts and the foster mother, demonstrated that the mother's retention of custody would likely cause emotional or physical damage to the children, satisfying the standards under the Indian Child Welfare Act for temporary foster care placement.

family law

The case involved Elizabeth Rucinsky's lawsuit against Raymond Hentchel claiming invasion of privacy based on his secret recording of her telephone conversations during and after their dating relationship from 1986 to 1988. The Montana Supreme Court affirmed the district court's grant of summary judgment dismissing the action. The court held that the three-year statute of limitations under § 27-2-204, MCA, began to run in 1988 when Hentchel confessed to the recordings, as that was when all elements of the tort existed and the right to maintain the action was complete under § 27-2-102(1)(a), MCA. Although the actual tapes were not discovered until 1992, the confession provided sufficient notice, and the court rejected tolling for fraudulent concealment in this context.

torts & liabilityprocedure

This case involved a dispute over a hail insurance claim for a barley crop in Montana, where the insureds alleged that Guaranty National Insurance Company and its agent Crop Hail Management mishandled the loss adjustment process, including disagreements over boot-tied damage and improper arbitration, leading to claims for breach of contract and violations of the Montana Unfair Trade Practices Act. The jury awarded contract damages plus substantial punitive damages, but the district court reduced the punitive awards and set aside one entirely. The Supreme Court addressed whether the district court erred in denying summary judgment and directed verdict motions on punitive damages, whether it improperly substituted its own findings to reduce the jury's punitive award, and whether Crop Hail qualified as an insurer under the UTPA. The court held that the motions were properly denied based on evidence supporting the jury's findings of UTPA violations and malice, that the district court erred by entering findings inconsistent with the jury's special verdict, and that Crop Hail waived its insurer-status objection by raising it for the first time on appeal.

business & regulatoryproceduretorts & liability

This case was a wrongful death and products liability action arising from the electrocution of Gerald Lutz, a crane groundman, when an uninsulated crane cable contacted a power line during pipe retrieval. Lutz's widow sued the crane manufacturer, National Crane, under strict liability in tort for defective design, and the jury awarded $815,400 (reduced by 20% for Lutz's fault and prior settlements). The Montana Supreme Court affirmed the verdict and judgment in part but remanded in part after consolidating appeals on issues including submission of misuse and assumption-of-risk defenses, expert testimony, jury instructions on strict liability and negligence, and various evidentiary rulings. The core reasoning examined whether the district court properly allowed the statutory defenses and evidence in a products liability context where the manufacturer foresaw certain uses like sideloading.

torts & liability

This case involved a challenge to a search warrant issued in a burglary investigation of an A&W restaurant in Montana, where evidence like a stolen safe was recovered and items were seized from the defendant's truck. The Montana Supreme Court reversed the district court's order upholding the warrant, ruling that the warrant was invalid and the evidence must be suppressed. The core reasoning was that the justice of the peace had become an active participant in the police investigation by traveling to the scene and discussing the evidence with the sheriff, violating the requirement that an impartial magistrate determine probable cause solely from the four corners of the warrant application.

criminal lawprocedure

In State v. Cox, defendant Gary Allen Cox appealed his jury convictions for two counts of kidnapping, one count of burglary, and five counts of deliberate homicide under the felony murder rule, all arising from his participation in a 1991 riot at the Montana State Prison during which five protective-custody inmates were killed. The Montana Supreme Court affirmed the convictions in full. It held that the district court did not abuse its discretion by denying an expert witness on prison conditions to support a compulsion defense, that the loss of unmarked prison clothing did not violate due process, that the felony-murder charges were properly submitted to the jury, and that autopsy photographs were admissible because their probative value in corroborating witness testimony outweighed any prejudicial effect.

criminal lawprocedure

The case involved the Montana Department of Family Services (DFS) seeking temporary custody of two children, B.K. and F.H., after removing them from their mother's home under an emergency protection statute due to concerns over stability, education, emotional, and health needs. The mother appealed the district court's order granting DFS custody until the children reached age eighteen, arguing that the action should have been dismissed because DFS failed to file its petition within the required 48 hours under § 41-3-301, MCA. The Supreme Court of Montana affirmed the custody order, holding that the district court did not abuse its discretion by prioritizing the children's best interests over the procedural violation. The court reasoned that precedent in child welfare matters permits protecting minors despite technical statutory errors by DFS, as dismissal would not serve the children's welfare.

family lawprocedure

This case concerned a challenge to Referendum 112, which sought to place a 1993 Montana law (Chapter 634) revising state income and corporate tax laws on the November 1994 ballot and suspend its operation pending the vote. The law aimed to adjust tax burdens, raise revenue, and balance the state budget after voters rejected a proposed sales tax. Plaintiffs argued that the suspension violated equal protection, state constitutional provisions on budgeting and taxation power, and that Chapter 634 was an appropriations measure ineligible for referendum. The District Court granted summary judgment to the defendants, and the Montana Supreme Court affirmed, holding that the referendum process under Article III, Section 5 of the Montana Constitution was properly invoked, the suspension did not violate equal protection or other constitutional limits, the measure was not an appropriations bill, and the claims were not time-barred.

electionstaxes

This case involves the dissolution of a marriage between Antionette and Alan Dreesbach, centering on disputes over custody and visitation of their child Morgan amid allegations of physical and sexual abuse by the father, which the mother claimed prevented visitation. The district court granted joint custody with the mother as primary physical custodian, found the abuse allegations unsubstantiated, held the mother in contempt for interfering with visitation, divided marital assets, and issued a temporary order giving the father sole custody pending appeal. The Montana Supreme Court affirmed the joint custody award, visitation order, contempt finding, and asset division, reasoning that substantial evidence supported the district court's conclusions under the best interests of the child standard and the statutory presumption favoring joint custody. However, it reversed the temporary custody modification because the district court lacked jurisdiction once the appeal was filed, and remanded for a new custody hearing while allowing the father to retain sole custody in the interim.

family lawprocedure