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State v. Colvin

State v. Colvin, 2016 MT 129 (May 31, 2016) (McGrath, C.J.) (4-0, aff’d)

Issue: Whether the district court erred in dismissing the charge against Colvin based on his claim that the state failed to preserve exculpatory evidence.

Short Answer: No.

Affirmed

Facts: The state charged Colvin with attempted deliberate homicide in the September 4, 2014 shooting of Michael Aja. At the time of the incident, Aja was sitting his Jeep. Colvin claimed he was holding the pistol inside the driver’s side window when it accidentally fired and hit Aja.

On the day of the shooting, law enforcement seized and impounded Aja’s Jeep. As the case developed, the position of the pistol and its distance from the victim because important issues.…

State v. Maloney

State v. Maloney, 2015 MT 227 (Aug. 5, 2015) (Wheat, J.; Rice, J. concurring) (4-0, aff’d)

Issue: (1) Whether Maloney’s right to a speedy trial was violated as a result of excessive pretrial delays caused by the state; and (2) whether Maloney’s right to due process was violated as a result of excessive post-trial, pre-sentencing delays caused by the state.

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

Affirmed

Facts: Maloney was arrested April 2, 2013, following an incident at his house in Butte, as a result of which he was charged with five counts of felony criminal endangerment and two counts of felony assault on a peace officer. An information was filed May 1, 2013, and trial was scheduled for Oct.…

DCK Worldwide Holdings, Inc. v. CHSP Acquisition, LLC

DCK Worldwide Holdings, Inc. v. CHSP Acquisition, LLC, 2015 MT 225 (Aug. 4, 2015) (Rice, J.) (4-0, rev’d)

Issue: (1) Whether the district court erred in concluding the unpaid portion of the contractor’s fee was lienable as a matter of law, and (2) whether the district court erred in concluding the unpaid portion of the subcontractor’s fee was lienable as a matter of law.

Short Answer: (1) Yes, and (2) yes.

Reversed and remanded

Facts: In 2007, Dick Construction Company, predecessor in interest to Worldwide, entered into a cost-plus contract with Spanish Peaks Lodge, LLC, to act as the general contractor for the Spanish Peaks Lodge Resort. Spanish Peaks was to pay Dick actual construction costs plus 5% of the total cost, and 5% on self-performed work, with a cap of $130,483,926 for the total price, yielding a contractor’s fee of $6,915,195.…

In the Matter of IT

In the Matter of IT, 2015 MT 43 (Feb. 17, 2015) (Wheat, J.) (4-0, aff’d)

Issue: (1) Whether the district court abused its discretion when it terminated Mother’s parental rights; (2) whether the district court erred by considering hearsay evidence; and (3) whether there are equitable grounds upon which relief from the district court’s order should be granted.

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

Affirmed

Facts: Mother’s parental rights to three of her four children were terminated in February 2013; the fourth child was born soon thereafter. Mother admits to using drugs, and the baby was placed in neonatal intensive are for drug withdrawal shortly after birth. DPHHS petitioned for emergency protective services for the newborn, which was granted, and the baby was placed in foster care.…