Archive | June, 2015

State v. Montgomery

State v. Montgomery, 2015 MT 151 (June 2, 2015) (Baker, J.) (5-0, aff’d)

Issue: Whether the district court lacked subject matter jurisdiction over Montgomery’s felonies because he was charged by information rather than indicted by a grand jury.

Short Answer: No.

Affirmed

Facts: In 2006, Montgomery was charged with felony counts of sexual assault and sexual abuse involving four alleged child victims. He eventually pled guilty to two counts of sexual assault, and was sentenced to 20 years in prison with 10 years suspended for each felony, to run consecutively. In addition, his probation in a 2003 case was revoked and he was sentenced to an additional consecutive 20-year sentence.

Procedural Posture & Holding: In October 2014, Montgomery moved to vacate his conviction and dismiss the charges, arguing the district court lacked jurisdiction because the charges were not brought via a grand jury.…

Amour v. Collection Professionals, Inc.

Amour v. Collection Professionals, Inc., 2015 MT 150 (June 2, 2015) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the debt Amour owed to the GAL was regulated by the FDCPA; (2) whether the GAL was entitled to quasi-judicial immunity under the Montana Consumer Protection Act; and (3) whether the district court correctly awarded CPI $7,408.70 plus interest.

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

Affirmed

Facts: Shannon Amour petitioned for dissolution in 2007. In 2008, the court entered an order naming Nancy Smith the GAL for Amour’s children. The court specified Smith’s duties, granted her immunity, and specified that the gross marital estate was responsible for paying her. Amour entered a contract with Smith agreeing to pay Smith $90/hour plus expenses.…