Archive | March, 2013

State v. Jay

State v. Jay, 2013 MT 79 (March 26, 2013) (5-0) (Rice, J.)

Issue: (1) Whether the district court erred in denying Jay’s challenge for cause; (2) whether the district court erred in excluding Jay’s expert witness; (3) whether the district court erred in denying Jay’s request to instruct on DUI as a lesser-included offense of Vehicular Homicide While Under the Influence; and (4) whether the district court erred in ordering Jay to pay restitution to the state, the victims, and the victims’ family members.

Short Answer: (1) No; (2) no; (3) no; and (4) yes.

Affirmed issues 1-3 and reversed issue 4

In the Estate of CKO

In the Estate of CKO, 2013 MT 72 (March 20, 2013) (5-0) (McKinnon, J.)

Issue: (1) Whether the custodial parents of a minor child have the right to demand that a particular law firm represent the child when the GAL and conservator disagree; (2) whether §§ 37-61-403 and 72-5-427, MCA, are unconstitutional as applied; and (3) whether § 37-61-403 conflicts with the Montana Rules of Professional Conduct.

Short Answer: (1) No; (2) no; and (3) no.

Affirmed

Conway v. Benefis Health System, Inc.

Conway v. Benefis Health System, Inc., 2013 MT 73 (March 19, 2013) (5-0) (Cotter, J.)

Issue: (1) Whether the district court properly converted Conway’s motion for judgment on the pleadings into a motion for summary judgment, and (2) whether the district court properly granted summary judgment to Conway.

Short Answer: (1) Yes, and (2) no.

Affirmed in part & reversed in part