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State v. Kant

State v. Kant, 2016 MT 42 (Feb. 23, 2016) (Cotter, J., for the majority; Shea, J., dissenting) (4-1, aff’d)

Issue: Whether the district court erred in denying Kant’s motion to suppress and dismiss.

Short Answer: No.

Affirmed

Facts: Bradley Kant and his wife, Crystal, had registered caregiver’s licenses under the Montana Marijuana Act allowing them to grow and distribute marijuana in accordance with the law. Upon expiration of their licenses they did not renew them, but continued growing and distributing marijuana.…

Muir v. Bilderback

Muir v. Bilderback, 2015 MT 180 (June 30, 2015) (McGrath, C.J.) (5-0, aff’d) 

Issue: (1) Whether the district court properly denied Bilderback’s motion to suppress; (2) whether the district court properly denied Bilderback’s motion to dismiss for lack of personal service; and (3) whether the district court properly denied Bilderback’s motion for summary judgment.

Short Answer: (1) Yes; (2) yes, and (3) yes.

Affirmed

Facts: Washington law enforcement contracted Missoula police in March 2013 for help in finding Bobby Bilderback, who was wanted in Washington in connection with a homicide. Missoula police found and arrested Bilderback and seized his Hummer. Missoula Detective Curtis applied for and received a search warrant for the Hummer, based on an affidavit that incorporated an affidavit from a Washington detective.…