Daniel J. Shea

In State v. Trimmer, the defendant was charged with felony assault for wounding people with a rifle but was acquitted of the felony and convicted only of the lesser-included misdemeanor assault offense. The trial court imposed the maximum six-month jail term and $500 fine for the misdemeanor, then applied a weapons-based sentence enhancement statute to add a consecutive two-year prison term. The Montana Supreme Court held that the enhancement statute applies only to felonies, not misdemeanors, and vacated the entire sentence for resentencing. The court reasoned that the statute's text and legislative history limit it to felonies, and that courts lack jurisdiction to impose prison sentences exceeding the statutory maximum for a misdemeanor conviction.

criminal lawprocedure

In State v. Sierra, the Montana Supreme Court reviewed a district court order suppressing marijuana discovered in a defendant's suitcase during a booking inventory after his arrest for suspected illegal presence in the United States. The trial court had admitted a small amount of marijuana found in the defendant's pockets but excluded the larger quantity from the suitcase, finding the search violated state constitutional privacy protections. The Supreme Court affirmed, holding that the inventory search of the closed suitcase required a warrant or less intrusive alternatives under Article II, Section 10 of the Montana Constitution, which provides broader privacy rights than the Fourth Amendment. The decision emphasized that standardized federal inventory procedures do not automatically satisfy Montana's constitutional standards in these circumstances.

criminal lawprocedurecivil rights

In Price Building Service, Inc. v. Holms, a contractor performed extensive remodeling on a commercial building under an oral agreement with lessors and lessees, who had stipulated that the lessors would cover the first $25,000 of costs, and later filed a mechanic's lien after nonpayment of the full bill exceeding $55,000. The Montana Supreme Court affirmed the district court's foreclosure of the lien for a net amount of $33,579.12 after a $2,740 offset for defective work, while also upholding limits on the lessors' personal liability, but reversed the denial of prejudgment interest and attorney fees. The court reasoned that the lien was technically sufficient under the statutes despite lacking a building description and precise owner identification, that the relevant attorney fee statute required an award to a successful claimant, and that interest statutes allowed prejudgment interest on both the net claim and any offset that could be calculated. The case was remanded for determinations on the interest and fees.

propertybusiness & regulatoryprocedure

The case involved the State of Montana appealing the dismissal of a misdemeanor charge against Ronald Lee Ronningen for failing to remain at the scene of a personal injury accident. The district court dismissed the charge because the state did not bring the defendant to trial within the six-month period required by statute for misdemeanors. The Montana Supreme Court affirmed the dismissal, holding that the state failed to demonstrate good cause for the delay despite multiple opportunities to request a timely trial setting, and that the statutory "good cause" standard applied rather than broader constitutional speedy trial factors. The defendant had not requested any postponement, and the state's inaction after a judge's resignation led to the trial date being set beyond the deadline.

criminal lawprocedure

In State v. Hernandez, the defendant was convicted of felony theft for receiving stolen property after selling coins he had previously stolen and pleaded guilty to stealing in an earlier case; he was also ordered to pay restitution on charges dismissed in that prior proceeding. The Montana Supreme Court reversed the conviction and dismissed the charges. The court held that the second conviction violated the double jeopardy clause of the Montana Constitution because both offenses arose from the same initial taking of the coins. The court further ruled that the charge failed to state an offense under section 45-6-301(3), MCA, which requires that the property have been stolen by someone other than the defendant.

criminal law

The case involved a workers' compensation claim where claimant Henry Willis, permanently and totally disabled by a work injury while employed by Long Construction Company, sought conversion of his future periodic benefits into a single lump-sum payment. The Workers' Compensation Court approved the lump sum based on the claimant's financial and personal needs but ruled that the State Compensation Insurance Fund could reduce the award to present value, either by purchasing a commercial annuity or applying a 5% discount factor under section 39-71-2207. The Montana Supreme Court reversed, holding that section 39-71-741 does not authorize any reduction to present value, as its legislative history demonstrates an intent to eliminate such discounts for lump-sum conversions, and that section 39-71-2207 has no application to these facts. As a result, the claimant is entitled to receive the full undiscounted amount of his future benefits totaling $331,184.68.

labor & employment

In State v. Britton, the defendant appealed his felony theft conviction, claiming that a 396-day delay between the filing of the complaint and the start of trial violated his right to a speedy trial. The Montana Supreme Court reversed the conviction and remanded with instructions to dismiss the charges, ruling that the delay infringed the defendant's rights under Article II, Section 24 of the Montana Constitution. Applying the four-factor Barker v. Wingo test, the court determined that the length of delay was presumptively prejudicial, the state failed to provide a constitutionally acceptable explanation for key periods of inaction such as the six-month gap between Justice Court and District Court proceedings, the defendant had asserted the right, and the state did not rebut the resulting prejudice from anxiety and potential impairment of the defense.

criminal lawprocedure

This case involved a mother's appeal of district court orders from Fergus and Missoula Counties declaring her child, born in 1977, a youth in need of care and granting temporary legal custody to the Department of Social and Rehabilitation Services. The mother raised procedural challenges regarding notice, jurisdiction over the absent father, and a missing financial report, as well as claims that the evidence was insufficient and that family unity preferences were disregarded. The Montana Supreme Court affirmed both orders, holding that the initial Fergus County determination was valid despite the mother's absence and flight from the state, that subsequent Missoula hearings provided thorough evidentiary review showing the child's severe developmental delays and urgent treatment needs, and that no suitable in-state options existed for the mother to provide required care. The court found substantial credible evidence supported the youth-in-need-of-care findings and that statutory requirements for treatment plans were met.

family lawprocedure

In Beneficial Commercial Corp. v. Cottrell, the defendants leased a printing press but stopped payments after alleging defects, leading the plaintiff assignee to sue for the full lease amount. The district court granted summary judgment to the plaintiff based on a warranty disclaimer in the agreement, but the Montana Supreme Court reversed and remanded. The Court held that the transaction was a sale of goods under the Uniform Commercial Code due to the purchase option at the end of payments, rather than a true lease or bailment. It ruled that the warranty disclaimer did not eliminate the buyers' remedies, including the right under UCC sections 30-2-601 and -602 to reject nonconforming goods if done timely and properly, creating a genuine issue of material fact for trial.

business & regulatorypropertyprocedure

The case involved Dennis Welsh, a Great Falls fireman terminated in 1980 due to health issues including seizures from a prior brain tumor, who sued the city for wrongful termination without cause or statutory procedures and for violating his due process rights under the U.S. and Montana Constitutions. The Montana Supreme Court held that the specific statutes governing termination of firemen did not apply when the reason was physical incapacity, but that Welsh possessed a property interest in his position and thus was entitled to a pretermination hearing before an impartial tribunal. The court reasoned that the series of meetings with superiors and the offered exit interview were insufficient to satisfy due process, reversing the trial court's finding that Welsh had consented to retirement, while also ruling he was entitled only to one-fourth of his accumulated sick leave under the relevant statute rather than the full amount. The case was remanded for further proceedings consistent with the required hearing.

labor & employmentcivil rightsprocedure

In Maykuth v. Eaton, the plaintiff sued for personal injuries from a rear-end car collision, alleging whiplash, neck pain, headaches, and related conditions, while the defendant maintained that most issues predated the accident or arose from unrelated emotional distress. The jury found the defendant liable and awarded $2,000 in damages. The trial court granted a new trial on grounds that the portion allocated to pain and suffering was inadequate as a matter of law. The Montana Supreme Court vacated that order and reinstated the verdict, reasoning that substantial evidence supported the jury's award and that the trial court had improperly substituted its own judgment for the jury's assessment of the evidence.

torts & liabilityprocedure

This case involved a medical malpractice claim filed by Thomas Howard as guardian for Betty Howard against Dr. Maciej Tomaszewski and Dooner Laboratories over alleged injuries from allergy medication prescribed by the doctor. The plaintiff sued in Fergus County, but the doctor moved to change venue to Yellowstone County where he resided and practiced; the district court denied the motion, and Dooner did not appeal. The Montana Supreme Court reversed, ordering venue transferred to Yellowstone County. The court held that under section 25-2-102, MCA, a tort is committed for venue purposes where the breach of duty occurs, which was in Yellowstone County at the time of examination, diagnosis, and prescription, even though the injuries manifested later in Fergus County after ingestion. The court found the complaint's allegation of failure to monitor insufficient to establish tortious conduct in Fergus County.

proceduretorts & liability

This case concerns a 16-year-old youth, B.D.C., who was charged in Youth Court with deliberate homicide by accountability after his friend killed his abusive father at his request. The state petitioned to transfer the matter to adult court under section 41-5-206, MCA, and the youth court granted the transfer based on findings that the youth had committed the offense, the crime was premeditated, and youth facilities were inadequate. On appeal, the Montana Supreme Court reversed the transfer order, holding that the youth court lacked jurisdiction because the required finding on the inadequacy of youth facilities was not supported by substantial credible evidence. The Court concluded that the statute's criteria for transfer were not met despite the youth court's jurisdiction to consider a transfer even when the charge arose through accountability.

criminal law

In Re the Marriage of Madden was a Montana Supreme Court case in which the husband appealed a district court order modifying a 1977 dissolution decree. The wife had successfully petitioned to reopen the decree on grounds of extrinsic fraud, alleging that the husband and the attorney who represented both parties failed to disclose to the court a balloon mortgage payment on the marital home and the value of the husband's state employee pension. The trial court found the original property settlement unconscionable, deleted the wife's obligation to pay the husband $15,325, awarded the house solely to the wife, and ordered the husband to pay her one-half of his pension. The Supreme Court affirmed, holding that substantial evidence supported the finding of extrinsic fraud sufficient to reopen the judgment under section 40-4-208(3)(b), MCA, and that the trial court did not abuse its discretion in redistributing the marital property.

family lawproperty

This case involved a claim for workers' compensation death benefits by the widow of an employee who died by suicide five years after a compensable workplace injury. The Supreme Court of Montana affirmed the Workers' Compensation Court's award of benefits, holding that recovery is permitted if the prior injury was a substantial contributing cause of the suicide. The court adopted the majority rule from other jurisdictions allowing compensation where the injury leads to mental derangement resulting in suicide, rather than treating suicide as an automatic intervening cause. The decision was based on evidence from family and experts showing the injury's impact on the employee's mental state, and the court found substantial credible evidence supporting the causal link under the state's workers' compensation statutes.

labor & employmenttorts & liability

Paul Schieno, a retired Billings firefighter, appealed a Workers' Compensation Court judgment denying him permanent total disability benefits under Montana's "fireman's statute" (section 39-71-119(2), MCA) for coronary heart disease, claiming his 26 years on the job caused or aggravated the condition. The Supreme Court affirmed the denial of benefits, as well as the denial of attorney fees and the statutory penalty. The court held that substantial credible evidence supported the trial court's findings that the disease was neither caused nor aggravated by employment-related stress or exposures, but instead resulted from personal risk factors such as heavy smoking, high blood pressure, and family history, based on the opinions of the two medical experts.

labor & employmentprocedure

The case involved a dispute over a real estate transaction where purchasers sued a real estate broker and agent for slander of title and broker malpractice after the agent recorded an assignment of the purchasers' interest in the property to secure a loan that went unpaid. The trial court ruled against the agent on both claims, set aside the assignment, and awarded attorney fees, but the Montana Supreme Court reversed the judgment against the agent. The court held that the trial court's findings lacked substantial evidence because the agent had no participation in or knowledge of the broker's actions, and liability appeared to rest only on her association with the broker. The reversal also noted a due process concern regarding lack of pre-trial notice to the agent that claims were being pursued against her individually, though the evidence issue was dispositive.

propertytorts & liabilityprocedure

This case involves the division of marital property following the divorce of Earl Myers and Donna Myers. The district court awarded approximately one-sixth of the marital assets to the husband and five-sixths to the wife, declining to enforce a 1976 agreement calling for a 50/50 split. The Montana Supreme Court affirmed, holding that the trial court did not abuse its discretion under section 40-4-202, MCA, because the bulk of the property originated from the wife's family, was purchased and paid for largely through family resources and rental income without financial contribution from the husband, and the court had properly weighed factors such as the source of assets and each party's contributions.

family law

The case involved petitioners Bruce and Sherry Knowlton seeking court appointment of a guardian and conservator for Ole and Gladys Swandal, elderly ranch owners and the petitioners' grandparents, due to their physical infirmities. The Montana Supreme Court affirmed the district court's dismissal of the petition. The court reasoned that under Montana statutes, guardianship requires both physical and mental impairment rendering the person unable to make responsible decisions, and evidence showed the Swandals retained mental faculties despite physical limitations. For conservatorship, while physical incapacity was present, there was no showing that the ranch property would be wasted or dissipated, as the Swandals effectively managed it with assistance from ranch hands.

family lawproperty

The case involved a challenge by registered voters, including a district judge and lawyers, to two Montana statutes (sections 3-1-607 and 3-1-608, MCA) that required sitting district judges and supreme court justices to resign their positions before running for other judicial offices such as the supreme court or chief justice. Petitioners argued these laws conflicted with Article VII, section 10 of the Montana Constitution, which provides that a judicial office is forfeited only by filing for a non-judicial elective office or by absence from the state for more than 60 consecutive days. The Montana Supreme Court assumed original jurisdiction due to the impending election filing deadline and held that the petitioners had standing as registered voters whose interests in the election process were affected. On the merits, the court ruled the statutes unconstitutional because they imposed additional forfeiture requirements beyond those expressly stated in the constitution, thereby improperly restricting judicial candidates' ability to run without resigning.

electionsprocedure