Mike McGrath

In this case, Daniel Burns appealed the district court's denial of his motion to withdraw his 2009 guilty plea to one felony count of sexual abuse of children, arguing ineffective assistance of counsel including an unauthorized venue change and misleading advice about trial risks and prior allegations. The Montana Supreme Court affirmed the denial, treating the motion as one for post-conviction relief and finding no good cause under § 46-16-105(2), MCA, because the plea was voluntary and Burns was aware of its direct consequences. The court reasoned that counsel's advice fell within the range of professional competence, as it involved proper evaluation of evidence and jury issues, and Burns' claims about the venue motion and other statements were unsupported by the record or contradicted by counsel's response. Burns also failed to show by a preponderance of the evidence that he was induced to plead guilty by any improper actions.

criminal lawprocedure

This case involved the dissolution of a marriage between Anne Nang Loi and Todd Feeley, focusing on the equitable distribution of marital property under Montana law, including the portion of the down payment on the family home that could be traced to Anne's pre-marital inheritance from a family business sale. The district court awarded Anne an additional equity credit of only $79,982.50 in the home, rather than the $180,000 she claimed, after finding insufficient evidence beyond testimony to support tracing the full amount. The Montana Supreme Court affirmed, holding that the district court properly considered the parties' testimony, the length of the marriage, and statutory factors in § 40-4-202, MCA, and based its decision on substantial evidence of what could be conclusively traced to inherited funds. The court emphasized equitable apportionment of all assets regardless of source while requiring credible proof for specific credits.

family lawproperty

This case arose from a dispute between neighboring property owners in Libby, Montana, after Neil Milner built a workshop addition to his home that violated city setback ordinances, leading to snow damage on Gary Olsen's property and failed negotiations to sell a strip of land to resolve the issue. Following an initial lawsuit over the land sale agreement that ended without relief for Olsen, he filed a second action claiming private nuisance and trespass, seeking damages, abatement, and a mandatory injunction. The district court granted Olsen's requested relief, and the Montana Supreme Court affirmed, concluding that res judicata did not bar the claims because they involved distinct issues and facts not fully litigated previously, equitable estoppel and waiver did not apply, and trespass liability was established. The court also addressed Olsen's entitlement to attorney fees. A dissent argued that res judicata should have precluded the second suit as the core issues were the same.

propertyproceduretorts & liability

The case involved the Town of Manhattan's appeal from a district court order upholding the Montana Department of Natural Resources and Conservation's (DNRC) termination of the Town's application to change its municipal water rights. The Town sought to designate alternate points of diversion and expand its place of use but refused to provide historical water use information from before July 1, 1973, as required by DNRC rules. The Supreme Court affirmed the lower court's decision, holding that the DNRC was authorized by statute and regulation to request such information to assess potential adverse effects on other water rights, and that an incomplete application must be terminated. The Court noted that issues regarding the nature of municipal water rights were not ripe for review since no decision on the merits had been made.

environmentpropertyprocedurebusiness & regulatory

This case involved a Montana abuse and neglect proceeding in which the State removed two children from their mother's care after substantiating claims of endangerment and physical neglect due to her alcohol abuse, while the parents shared legal custody following their divorce. The children were placed with their father under a safety plan, the district court adjudicated them as youths in need of care, and at the dispositional hearing the father moved to dismiss the State's case and obtain sole custody. The district court granted the motion over the mother's objection, finding no factual disputes requiring evidence and applying a statute that permits placement with the noncustodial parent and dismissal of the proceeding. The Montana Supreme Court affirmed, holding that the district court correctly followed the statutory procedure under § 41-3-438(3)(d), MCA, which relieved the State of further obligations once the children were placed with the father, and that the mother could pursue a parenting plan action under Title 40, MCA.

family law

Cascade Development sued the City of Bozeman over a dispute involving a subdivision project the company was developing. After filing its complaint in 2007, Cascade did not attempt service for nearly three years, eventually delivering the papers to a deputy city attorney rather than to one of the officials listed in Montana Rule of Civil Procedure 4(k). The city moved to quash service and dismiss the case, arguing that the three-year deadline for service had expired. The district court granted the motion, and the Montana Supreme Court affirmed, holding that the rule strictly limits who may accept service on behalf of a municipality and that the city was not estopped from raising the defect.

procedure