Issue: (1) Whether the estate’s appeal of the order finding its construction lien invalid is moot due to sale of the property to bona fide purchasers; (2) whether the district court erred in calculating the amount of money Cherrad owed the estate for costs related to the condo construction project.
Short Answer: (1) Yes, and (2) no.
Affirmed, and remanded for attorneys’ fees incurred on appeal…
Issue: Whether the prosecutor’s comments during closing argument constitute plain error.
Short Answer: No.
Affirmed…
Issue: (1) Whether the district court erred by dismissing Ensey’s complaint for lack of jurisdiction; and (2) whether the district court erred in finding that § 39-2-915, MCA does not violate Ensey’s constitutional rights.
Short Answer: (1) No, and (2) yes.
Affirmed issue 1, set aside issue 2
Issue: Whether the district court properly ordered Jent to pay $19,867 in restitution for his assault victim’s medical bills from her subsequent suicide attempt?
Short Answer: Yes.
Affirmed…
Issue: (1) Whether the district court erred in granting summary judgment to the bank on the basis of preemption by the Fair Credit Reporting Act; (2) whether the district court erred in granting the bank summary judgment on Feller’s conversion claim; and (3) whether the district court erred in dismissing Fellers’ emotional distress claims.
Short Answer: (1) No; (2) no; and (3) no.
Affirmed…
Issue: Whether the district court properly granted summary judgment to the bank and the title company.
Short Answer: (1) Yes to the title company; (2) yes to the contract and negligence claims against the bank; (3) no as to the fraud claim against the bank.
Affirmed in part and reversed in part…
Issue: Whether the district court erred in admitting into evidence five photos of the victim’s body.
Short Answer: No.
Affirmed…
State v. Birthmark, 2013 MT 86 (April 9, 2013) (5-0) (McGrath, C.J.)
Issue: (1) Whether Birthmark’s attorney provided ineffective assistance of counsel; (2) whether the Court should exercise plain error review of the jury instructions regarding the mental state for partner-family member assault; and (3) whether the written judgment should be corrected.
Short Answer: (1) No; (2) no; and (3) yes.
Affirmed & remanded for correction of the written judgment…
Issue: (1) Whether the district court has issued a final appealable order; (2) whether the district court properly granted the writ of mandate and injunction; and (3) whether the district court properly determined that the irrigation districts had to comply with §§ 85-7-1956 and 85-7-1957, MCA, before executing the Water Use Agreement.
Short Answer: (1) Yes, because the order included an injunction; (2) no, because the district court issued its order on grounds not raised or argued by the parties; and (3) no, because those statutes apply only to contracts with the U.S. for a loan of money.
Reversed…
Issue: Whether the district court obtained a proper waiver from PAC or her attorney before allowing her to be voluntarily absent from her commitment hearing.
Short Answer: No.
Reversed…