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State v. Hancock

State v. Hancock, 2016 MT 21 (Jan. 26, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred by denying Hancock’s motion to dismiss a DUI conviction based on his claim that his 1999 DUI conviction, used to support the felony charge, was constitutionally infirm, and (2) whether the district court erred by stating Hancock was convicted of a DUI rather than a DUI per se.

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

Affirmed and remanded for correction of the judgment

Facts: The state charged Hancock with a fourth DUI offense, a felony, based on his having been convicted of one DUI in 1999 and two DUIs in 2004. Hancock moved to dismiss the 1999 conviction, alleging his constitutional right to counsel had been violated in that proceeding.…

In re TDH, JH, & JH

In re TDH, JH, & JH, 2015 MT 244 (Aug. 18, 2015) (Baker. J.; McKinnon, J., concurring & dissenting) (4-1, aff’d)

Issue: (1) Whether the district court abused its discretion in rescinding OPD’s appointment of counsel for Ja.H. and denying OPD’s motion to appoint counsel after the termination hearing; (2) whether the district court abused its discretion in concluding Mother’s conduct made her unfit to parent and was unlikely to change within a reasonable time; (3) whether DPHHS made reasonable efforts to prevent the removal of the children and reunify Mother with her children; and (4) whether Mother was denied due process.

Short Answer: (1) The Court declines to reach this issue; (2) no; (3) yes; and (4) no.

Affirmed

Facts: Mother met Father when she was a 17-year-old runaway, after years of abuse.…