Appeal from justice court: (Defendant preserved only right to appeal JP's denial of motion to suppress, not entitled to trial de novo) Schulke, 4/9:2; (dismissed for failure to timely file brief) Frazier, 4/23:3; (extra time for State to file brief in appeal to District Court properly allowed) Allum, 6/18:2; (no trial de novo under 2003 legislation, but District Court may review ineffective assistance claim) Lehman, 7/30:3

Appealable order: (order denying entry of default judgment not appealable) Slice v. The Hartford Ins., 1/15:2; (appeal of order denying change of venue based on insurance policy venue language not interlocutory) The Doctors' Company v. Finney, 9/17:3; (denial of contempt for failure to pay VA disability as marital property appealable order) Lutes, 10/1:2; (after substantial waste of time, turns out that final judgment requirements not met) Kern v. Progressive Specialty Ins., 11/26:7

Review standard: (appeal of denial of lost appeal malpractice claim) Richards v. Knuchel, 7/23:1

Attorney fees: Hobbs Enterprises v. JGL Distributing, 1/8:2; Marriage of Collins, 1/8:3; (denied) Ioerger v. Reiner, 6/25:1

Certification: (certification order insufficient, appeal dismissed without prejudice) Filip v. Jordan, 9/24:4

Extension: (counsel admonished for ignoring rules & orders) Smerker, 7/2:3

Injunction: (denied during appeal of methane drilling decisions) Diamond Cross Properties v. State, 12/10:3

Interlocutory appeal: (no interlocutory appeal of Whelan's order permitting class action) Costello v. Beneficial Montana, 8/27:2

Issue raised first time in reply brief: (not addressed) State v. Dreidlein, 11/12:5

Issue raised first time on appeal: (new federal rule on Confrontation Clause) State v. Carter, 4/9:2; (remanded for analysis under correct version of driver's license suspension law (law in effect at time of accident) Sikorski v. Johnson, 5/21:2; (State may raise jurisdiction (failure to object to sentence) first time on appeal, although not condoned) State v. Osborne, 11/5:3

Jurisdiction: (question of voiding stipulation is ancillary to issue raised on appeal, may be decided by District Court pending appeal) Montgomery v. Financial Indemnity, 12/31:2

Mediation: (no provision for sanctions for refusal to participate in mediation, but may be time to consider providing for sanctions) Arnett v. Marina Cay Resort Villas, 2/12:1; (75-day mediation time applicable despite voluntary mediation) Morton v. Progressive Specialty Ins., 6/4:1

Mootness: (appeal of $500,000 verdict moot after sale of ranch and payment of judgment) Graveyard Ranch v. Bell, 7/16:1; (insurer's appeal of denial of motion to intervene in post-trial proceedings in $8,245,572 cement truck/car verdict denied as moot based on judicial declaration in bad-faith action that it had obtained relief it sought, and also because of pending Federal Court coverage litigation, released Defendant improperly in appeal) Martinez v. Polson Ready Mix, 12/17:3

New evidence: (remanded for consideration of 60(b)(2) new-evidence motion prior to consideration of appeal) Rosenthal v. Madison Co., 7/2:2

Notice of appeal: (notice of appeal must be filed in District Court file even if it requires physical transport back from JP Court, 14-day stay of eviction granted to allow compliance with rules, counsel admonished to read appellate rules) Lemire v. Stanley, 10/29:4

Over-length briefs: (allowed) Martinez v. Polson Ready Mix, 12/17:3

Record: (appellant must provide entire transcript because of failure to follow partial transcript procedures, sanctions) Promisco v. Bozeman Deaconess Health Services, 2/19:2; (motion to dismiss because of insufficient appeal record taken under advisement) Roosevelt Memorial Medical Center v. JP Stevens & Co., 4/2:1

Rehearing: (untimely petition) Wallace v. Hayes, 12/10:3

Sanctions: (denied) GRB Farm v. Christman Ranch, 3/19:1; (denied) Culbertson-Froid-Baineville Health Care Corp. (Roosevelt Memorial Medical Center) v. JP Stevens, 10/22:1; (denied) Stipe v. First Interstate Bank of Polson, 11/26:3; (denied) Parenting of KP, 12/10:4

Standard of review: (for summary judgment) Cole v. Valley Ice Garden, 4/9:1; 5/7:1

Stay: (stipulation not reason to stay asbestosis comp appeal) Paul v. Transportation Ins., 1/15:2; (grandparent visitation) Polasek, 7/16:2; (issue of whether 13 out of numerous loan claims must be submitted to arbitration is severable from merits of remaining issues, no stay pending appeal of a few claims in class action) Costello v. Beneficial Montana, 8/27:2

Supervisory control: (response ordered although no transcript of order) Williams Feed v. Tucker, 4/30:3; (denied in church sexual assault case) Passmore v. Swandal, 11/26:6

Time: (60-day rule not extended by 3-day mail time, no jurisdiction to hear appeal) Billings v. Dill, 6/4:4; (appeal improvidently filed prior to written judgment) Smerker, 7/2:3

Untimely appeal: Flesch v. McDonald's Reaturant, 9/24:1

Transcript: (appellant must provide entire transcript because of failure to follow partial transcript procedures, sanctions) Promisco v. Bozeman Deaconess Health Services, 2/19:2

Untimely brief: (excuse for late brief lame but appeal not dismissed) Promisco v. Bozeman Deaconess Health Services, 2/19:2

Arbitration

Construction contract: (Taco John franchisee fraudulently induced to sign local 24% cost-plus construction contract, but fault on both sides, equitable solution) Synergy Builders v. Big Talk, 9/24:6

Interests Purchase Agreement: (locomotive rebuild business, breach of agreement, failure to disclose modified sublease, no release, put/call offer not effective with conditions, no breach of duties by majority member to minority member) Talgo-LRC v. USA Northwest, 2/19:7

LLC misappropriation: (award involving livestock monitoring LLC properly confirmed under Wyoming law, motion to vacate timely, due process not violated by consideration of alleged lack of notice of counterclaims, punitives permissible under Wyoming law (first impression), $2.5 million damages for misappropriation of LLC property rights properly awarded against Plaintiff for default of award, transfer of LLC units properly awarded against Defendant for breach of order to pay Plaintiff $100,000 plus fees/costs) Wallace v. Hayes et al, 10/22:2

Summary judgment: Inman v. Lithia of Missoula, 5/14:5

Wrongful discharge: (auto dealership sales manager, accident while driving company vehicle) Inman v. Lithia of Missoula, 5/14:5

Associations

Bylaws: (alleged manipulations to disadvantage of minority shareholder) Peters v. Burk, 5/21:8

Attorney Fees, Costs

Amount: (fees properly reduced under ``reasonableness'' standard, ``actual'' costs improperly reduced) Gullett v. Van Dyke, 4/30:2; Crail Creek Associates v. Olson, 7/16:3; (expert testimony not required to establish reasonableness) Wage Claim of Ramsay, 12/17:2

Costs: (properly taxed for display services, deposition used for impeachment) Cunningham v. Sobba, 9/24:7; (Plaintiffs not given time to object to bills of costs) Sherner v. National Loss Control Services, 11/26:1; (Defendant entitled to costs as matter of course in action for recovery of money or damages) Rodgers v. MONY Life Ins., 11/26:2; (costs affidavit improperly signed by affiant's partner, award vacated) McDermott v. Horse Prairie Ranch, 11/26:3

CPA: (intermediate standard for awarding fees to prevailing CPA defendants adopted) Tripp v. Jeld-Wen, 5/14:1

EAJA: Boucher v. FSA, 3/5:8; (Indian trust fund litigation) Cobell v. Norton, 12/24:8

Prevailing party: Hobbs Enterprises v. JGL Distributing, 1/8:2

Private AG fees: American Cancer Society v. State, 1/1:3

Pro hac vice: (Seattle firm and Montana member rapped for using Montana member as ``local counsel'' bag carrier for pro hac vice member in disregard of local rules and order) Reichelt v. Cellco Partnership, 6/18:5

Swenson factors: Plath v. Schonrock, 3/5:4

Timeliness of request: Byers v. State Fund, 6/25:3

Attorney Practice

Attorney-client privilege: (``magic circle'' of third parties with whom information may be shared without waiver of privilege includes insurers in insurance defense situations, documents in claims file protected subject to challenge of individual documents) Dukes v. Fidelity Guaranty Ins., 2/5:6; (not waived by undetailed, conclusory, plaintiff-elicited reference to legal advice by corporate counsel, ``reliance on counsel'' exception, implied waiver not applicable) Powers v. Energy West, 3/19:3; (not violated when former director of close corporation who sues corporation is allowed to discover communications between corporate counsel and other directors which occurred during his tenure as director) Inter-Fluve v. Salvagni, 4/30:1

Counsel of record: (only individual lawyers, not entity employing them) Jane Doe v. Scott, 2/19:6

Legal malpractice: (plaintiff who failed to raise claims in arbitration process cannot establish negligence by lawyer in district court appeal) Paulson v. Harrison, 5/14:4; (local rule encouraging notice regarding pending matters not mandatory, probable outcome of lost appeal a question of law (first impression), lost divorce appeal would not have succeeded, malpractice claim properly dismissed) Richards v. Knuchel, 6/4:1; (appellate review standard) 7/23:1

Work product: (supervisory control of Swandal denied in denial of Prosecutor's notes sought by malicious prosecution claimant) Three Creeks Ranch v. Swandal, 8/20:2

Banking, Commercial Paper

Consumer Loan Act: (provides limited private right of action by implication, prohibits ``points'' on origination of real estate loans) Wombold v. Associates Financial Services of Montana, 1/1:2

Fraud: (waiver-of-interest document obtained by fraud, rescinded) Estate of Kindsfather, 3/5:2

Lending breach: (ranch loan claims rejected) McCoy v. First Citizens Bank, 5/14:5

Trust indenture: (improperly incorporated language from document recorded in another county, failed to preserve deficiency judgment entitlement) Funke v. Strong, 1/22:1

Bankruptcy

Adversary proceeding: (res judicata to usury counterclaims in state court note collection action) Olympic Coast Investments v. Wright, 1/22:1

Attorney fees: (disgorgement ordered for failure to explain differences between Chs. 7 and 13) Sharp, 11/5:5

Exemptions: (whether stock sold for end-of-life care is exempt as ``benefits,'' certified question) Archer, 6/4:2; (``militia forces'' gun exemption, certified question accepted) Maynard, 9/24:3

Bench Judgments

Auto: (UIM, left-turn auto, admitted negligence, severe ankle fracture) Parsons v. Shinkel, 3/26:5; (husband & wife rafting clients suffering brain and other traumatic physical & mental/emotional injuries in auto rollover, emotional distress of minor son observing injured parents, assignment of rights under CGL policy to Plaintiffs) Nielsen v. Hanna, 9/3:4

Debt collection: (default judgment, attempts to collect debt not owed) Bennett v. Bay Area Credit Service, 3/26:7

Fraudulent transfers: (marital) Jostes v. Davis, 4/23:4

FTCA: (BIA dam drowning, recreational use) Gervais v. US, 3/26:8

Legal malpractice: Waddell v. Estate of DiRe, 5/28:4

Lessor of ``$250,000'' wrecked truck: (not entitled to anything beyond $114,500 insurance payment and 3 months lost rental) Performance Machinery v. Yellowstone Mountain Club, 3/5:5

Radio station defects: STARadio v. Commonwealth Communications, 4/9:6; 4/16:7

Truck scale construction contract: Rockwell Scales Service v. Frank, 8/13:4

Wage claim: (State Fund exempt v. nonexempt employees) Byers v. State Fund, 6/25:3

Wrongful discharge: Body shop manager fired for good cause for ``piece of shit'' comment to customer that resulted in reduced price of car with sticking doors, Sterrett v. Tilleman Motor, 1/22:2;

Civil Procedure

Amendment: (amendment to challenge bidding statute constitutionality for lack of remedy for alleged damages would have been futile due to failure to administratively preserve tort claims) Reier Broadcasting v. MSU-Bozeman, 10/1:2

Choice of law: (WDA claim treated as tort claim... ``most significant relationship'' factors favor Montana law for employee hired in Montana by Montana-based corporation, transferred to Idaho, summoned to Montana to be discharged) Lean v. One Call Locators, 7/16:5; (ND actual place of performance of policies, Plaintiffs not entitled to UIM under ND law) Kilmer v. State Farm Mutual Auto Ins., 8/6:4

Class action: (``commenced'' for purposes of CAFA when original complaint filed in state court, not when removed to Federal Court, properly remanded, not necessary to decide whether 28 USC 1454(c)(1) requirement that appeal must be ``not less than 7 days after entry of the order'' contains typo since appeal filed 7th day following remand order) Bush v. Cheaptickets, 10/15:2

Contribution: (Defendant's third-party claim for contribution against Plaintiffs' lawyer nonjusticiable) Dennis v. Brown, 4/9:1

Damages: (rebuttal expert as to hedonic damages testimony improperly precluded, punitives issues) Dorn v. BNSF, 2/12:4; (course of life damages improperly awarded in survivor action, household services damages properly awarded albeit incorrectly in survivor part of verdict form, $500,000 improperly awarded to non-PR father in wrongful death claim, parents may be awarded consortium damages for death or injury of adult child in certain circumstances, no such circumstances here, $300,000 award vacated, $450,000 to PR for grief/ sorrow/mental anguish affirmed) Hern v. Safeco Ins., 12/3:1

Declaratory judgment: (proper when final decision on liability entered in underlying action and declaratory judgment not subject to amendment) American Stores v. Commercial Union Ins., 5/7:3

Default judgment: (not set aside) Peak Development v. Juntunen, 4/2:1; (judgment, not set aside, relocation of law office and personal problems of assistant not good cause... neglect of counsel charged to client) Matthews v. Don K Chevrolet, 7/2:1

Discovery: (adjuster's interview summaries discoverable over objection that they were not reduced to writing and were in anticipation of litigation, adjuster may be deposed as to spoliation) China Buffet of Billings v. Gustafson, 1/15:1; (sanctions against Defendant and counsel for failure to produce insurance policies) Jane Doe v. Scott, 2/19:5; (attorney fees granted for first motion to compel, denied for second, new local rule requires certification of cooperation attempt) Sherrill v. Progressive Northwest Ins., 3/12:2; (Defendant must respond to financial interrogatories in light of potential punitives) TEF v. Dasen, 3/19:3; (Defendant waived untimely privilege log, standard enunciated) BNSF v. District of Montana Court, 4/2:5; 6/4:5; (untimely disclosure of railroad's shock/vibration expert's underlying data stricken as mandatory sanction, safety expert's testimony limited to timely disclosed conclusions/data, gamemanship by both sides rapped) Olson v. MRL, 5/14:6; (good cause for 2nd deposition after designee for 2 of 8 topics changed mid-stream) Jane Doe v. Scott, 6/25:5; (deadlines extended due to Court's failure to send scheduling order to Defendant, counsel should inquire if it appears Court has not followed through on such things) McCluskey v. Allstate Ins., 8/6:5; (suit properly dismissed for discovery abuses) Xin Xu v. McLaughlin Research Institute for Biomedical Science, 8/27:2; (motions to compel identities of other boring machine owners properly denied) Thiel's Welding v. Vermeer Sales & Service Montana, 9/3:2; (sanctions properly imposed, Smith requirement of consistency between consequences explicitly warned of and sanctions actually imposed applicable only where consequences explicitly warned of, not necessary for judge to warn since discovery rules already warn, Defendant failed to provide transcript for ascertaining basis for award of $143,713 for new hospital roof) Culbertson-Froid-Baineville Health Care Corp. (Roosevelt Memorial Medical Center) v. JP Stevens, 10/22:1

Dismissal: (motion to dismiss improperly transformed to one for summary judgment) Stokes v. DOT, 2/26:2

Execution: (state court writ, partial seizure, and judgment lien related to federal court $1,357,249 ERISA judgment valid) Raines v. Donaldson Bros. Ready Mix, 2/5:5

Failure to prosecute: (no abuse of discretion in dismissing legal malpractice claim) Hauschulz v. Michael Law Firm, 8/6:1

Injunction: (sufficient evidence to deny preliminary injunction, but additional access issues improperly resolved without trial) Yockey et al v. Kearns Properties et al, 2/19:1; (deposit ordered pending resolution of suit by court services company against competing former employees) Mountain Peaks Inc. v. Pohle, 12/10:5

Instructions: (on unpled negligent misrepresentation properly given) Tripp v. Jeld-Wen, 5/14:1

Interest: (clarifying rule adopted for interest when money judgment modified or reversed on appeal, applied to train/hy-rail death case where $484,898 judgment on 50/50 verdict restored to full $969,797) Woods v. BNSF, 1/1:2; (prejudgment) Crail Creek Associates v. Olson, 7/16:3; (prejudgment interest properly awarded because Defendant had information to calculate amount certain even if Plaintiff did not) Wage Claim of Ramsay, 12/17:2

Intervention: (of right, attorney fee dispute) Dias v. Healthy Mothers, Healthy Babies, 5/28:1

Joinder: (LLC member not served separate from LLC, no postjudgment joinder for fraudulent transfer execution) Ioerger v. Reiner, 6/25:1; (time-barred, party not on notice of action) Dana v. Woodard, 7/9:3

Judgment enforcement: (summary judgment denied on claims against non-party alleged alter ego in suit to collect $1,355,000 verdict against nursery transplanting machine manufacturer) State Nursery & Seed v. Bouldin Corp., 10/8:5

Jury: (deliberation on punitives following compensatory verdict properly precluded following dismissal of juror and Defendant's refusal to agree to punitives jury of 11) Winslow v. MRL, 9/10:1; (Judge concluded that jury computed damage amount rather than Court as instructed, allowed jury's ``net'' to stand) McDermott v. J&S Development, 9/17:6

Law of the case: (from prior appeal) Winslow v. MRL, 9/10:1

Litigation bar: (Plaintiff improperly barred for life from any new litigation without approval) Cox v. Rocky Mountain Bank of Plains, 1/15:1

Mistrial: (granted for FELA Defense counsel's violation of pretrial evidentiary rulings precluding vibration testing, monetary sanctions proposed) Olson v. MRL, 7/2:4

Motion: (application by motion, not ``request,'' brief should be filed separately from motion) Jane Doe v. Scott, 2/19:6

Punitives review: Murphy Homes v. Muller, 3/19:4; Seltzer v. Morton, 5/28:2; Balich v. Metropolitan Property & Casualty Ins., 7/2:5

Relation back: Dana v. Woodard, 7/9:3

Res ipsa: (medical malpractice) Cunningham v. Sobba, 9/24:7

Res judicata: (bankruptcy adversary proceeding res judicata to usury counterclaims in state court note collection action) Olympic Coast Investments v. Wright, 1/22:1; (bars claims relating to gas well payments) Sandtana v. Klabzuba Oil & Gas, 5/21:5; Xin Xu v. McLaughlin Research Institute for Biomedical Science, 8/27:2

Retroactivity: (clarified rule adopted) Dempsey v. Allstate Ins., 1/1:1

Rule 35 exam: (good cause for 2nd (joint) IME) Minister v. GEICO, 3/12:5

Rule 59: (motion untimely) Marriage of Schoenthal, 2/19:2

Rule 60(a): (clerical errors not properly considered) Marriage of Schoenthal, 2/19:2

Rule 60(b)(6): (lawyer's miscalculation of filing time not proper for relief) Marriage of Schoenthal, 2/19:2

Sanctions: (discovery sanctions denied) Winslow v. MRL, 9/10:1; (Plaintiffs waived by stipulation their right to hearing on fee award, Rule 11 sanctions properly imposed) Stipe v. First Interstate Bank of Polson, 11/26:3

Satisfaction of judgment: (partial satisfaction should have been ordered) Gullett v. Van Dyke, 4/30:2

Settlement enforcement: (stipulated dismissal order must be set aside pursuant to agreement that application & affidavit mandate set-aside) K2 America v. Dynatec Energy, 10/8:4

Severance: (issue of whether 13 out of numerous loan claims must be submitted to arbitration is severable from merits of remaining issues, no stay pending appeal of a few claims in class action) Costello v. Beneficial Montana, 8/27:2

Statute of limitations: (claim for failure to pay disability COLA benefits time-barred) Rodgers v. MONY Life Ins., 11/26:2

Summary judgment: (moving party in probate dispute not afforded notice & opportunity to be heard before summary judgment granted to nonmoving party) Estate of Marson, 9/24:3; (summary judgment in Indian employment contract dispute again improperly entered on remand, no summary judgment by default, fact issues as to contract termination language) Bradley v. Crow Tribe of Indians, 12/17:2

Supplementation: (post-trial stipulated supplementation denied) Public Lands Access Association v. Jones, 1/8:1

Sworn complaint: (not required in municipal court) Allum, 6/18:2

Untimely brief: (motion to redetermine award properly deemed denied due to untimely brief) Boston v. Bitterroot International Systems, 9/3:2

Withdrawal of counsel: (Defendant not required to notify Plaintiffs of withdrawal of their counsel until counsel filed written notice) Flesch v. McDonald's Restaurant, 9/24:1

Civil Rights

§1983: (locker room videotaping claims dismissed as to parents' derivative claims and because of failure to show deliberate indifference, state claims dismissed without prejudice) Harry A. v. Powell Co. School Dist., 1/22:2; (property right by self-government municipal department heads in continued employment, Chief Executive aware of law at time, not entitled to §1983 immunity) Johnston v. Babb, 10/22:7

Commerce

Sale v. rent: (sufficient evidence that boring machine not ``sold'' to Plaintiff) Thiel's Welding v. Vermeer Sales & Service Montana, 9/3:2

Condemnation

Pipeline: (relocation to avoid PCB approved) Yellowstone Pipe Line v. Sebena, 2/5:2

Conservatorship

Fiduciary duties: (conservator did not breach fiduciary duties, but farm lease with contrived offset for unused irrigation system should be audited to avoid appearance of impropriety) Saylor, 9/24:2

Standing to petition: (attorney for adverse party in related case has standing to petition for conservatorship following $800,000+ estate dissipation by lawyer, nephew) Kloss, 2/26:1

Constitutional Law

CJIA/privacy: (§1983/1985, other claims by fired airport security officer rejected) Barr v. Great Falls International Airport Authority, 2/26:2

Establishment Clause: (does not preclude court consideration of church board composition, presidency powers in relation to church property) The Second International Baha'i Council v. Chase, 2/19:1

Consumer Protection

Trebling: Plath v. Schonrock, 3/5:4

Contracts

Fiber optic: (summary judgment for Plaintiff on breach of contract, constructive fraud, negligent misrepresentation by power company as to fiber exclusivity) American Capital Group v. Flathead Electric Cooperative, 8/13:3

Option: (consent to assign not waived, breach in assigning option not material as to warrant forfeiture, antiforfeiture statute properly applied) Hobbs Enterprises v. JGL Distributing, 1/8:2; (farm lease negotiation clause merely agreement to agree, vague & unenforceable) GRB Farm v. Christman Ranch, 3/19:1

Optometrist: (claims by optometrist against termination of prepaid services plan due to alleged conflict with optical franchise properly rejected on summary judgment) Hardy v. Vision Service Plan, 9/24:1

Copyright

Rangelands monitoring: (summary judgment on rangelands monitoring/management counterclaims precluded by fact issues as to statute of limitations accrual/tolling, laches, intentional/willful conduct, intent to resume use of mark) Rangehands v. Land EKG, 1/8:7

Corporations

Dissolution: (reinstated church corporation able to ratify gift of land received during involuntary dissolution, donors had donative intent, estopped by ``corporation by estoppel'' from questioning corporate status, church has standing to sue asphalt dumpers) Valley Victory Church v. Sandon Gravel & Excavating, 3/26:2

Courts

Bias: Marriage of Epperson, 3/5:3

Conflicting decisions: (between successor judges on Medical Examiners negligent credentialing immunity) Nelson v. Rice, 7/30:1

Fraud on court: (alleged false testimony in divorce proceeding that husband did not own real estate would constitute perjury/intrinsic fraud, not extrinsic fraud) Castonguay v. Estate of Polson, 10/29:4

Judicial disqualification: (supervisory control denied) Stevens, 4/23:3

Jurisdiction: (no jurisdiction over Mississippi insurer, Montana accident, part-time Montana residents) Carter v. Mississippi Farm Bureau Casualty Ins., 3/26:1; (district court has concurrent jurisdiction with justice court over both misdemeanor and felony partner assault charges) State v. Brockway, 7/23:4; (no personal jurisdiction to enter default judgment due to lack of proper service, jurisdiction not invoked by appearance to challenge jurisdiction, deemed denial of motion to set aside inconsequential) Semenza v. Kniss, 10/29:3

Justice court: (challenge of default judgment for lack of notice untimely, but Defendant may collaterally attack lack of personal jurisdiction) CBM Collections v. Ferreira, 7/9:1

Small claims court: (court reporter not prohibited from transcribing audio tape, although not required by rule, tape accepted as record for this appeal) Cox v. Soto, 1/22:2

Trial length: (claim of ``surprise'' trial shortening denied) Raines v. Donaldson Bros. Ready Mix, 4/9:4

Venue: (of wrongful death/survivorship action against MPC and Helena properly in Butte) Meyer v. MPC (Northwestern Energy, 3/26:1; (change to Missoula from Yellowstone proper for combined suits by franchisees against Missoula franchisor) DMI v. Junga Juice of Montana, 8/27:2; (suit involving 4 ISP contracts valid in Gallatin Co. where one of client's stores located, not just because of Internet routing through Bozeman, Butte Defendant's motion to change venue to Silver Bow denied) Global Net v. Town Pump, 9/10:5; (county of defunct corporation proper venue for multi-defendants tort action) Allen v. ARCO, 11/12:1; (suit against LLP may be commenced in any county in which any general or limited partner resides) Maupin v. Meadow Park Manor, 12/10:2

Crime, Criminal Procedure

Aggravated assault: (juror misconduct not established by failure to disclose assault by Defendant's brother, jury query properly answered by reference to instructions, photos of victim properly admitted, charging documents not required to state that Defendant may have been acting in self-defense, sufficient evidence of knowingly/purposely, prosecutorial misconduct claim not preserved, PSI report of prior police contacts properly considered, placement properly required outside of Butte-Silver Bow area) Dunfee, 6/11:3

Aggravated kidnap: (jury should have been instructed on unlawful restraint as lesser-included) Meyer, 9/17:5

Arson: (fireman properly allowed in this case to testify as lay witness to pour patterns) Henderson, 12/31:3

Assault on officer: (assault with weapon not lesser-included, no error in avoiding double jeopardy by charging strategy) Matt, 2/5:4; (due process arguments relating to officer victims/witnesses not preserved, jail video of confrontation properly admitted, resisting arrest not lesser-included when offenses occurred after arrest) Pittman, 3/26:4; Grixti, 12/3:4

Assault with weapon: Toulouse, 7/9:1; Kearney, 7/16:3; (inflammatory language on truck/clothes properly admitted to show strained relationship and fear) Cesnik, 10/22:4

Attorney conflict: (no actual conflict in joint representation of drug defendants) Wells, 1/29:3

Accomplice testimony: (corroboration) Burkhart, 1/1:6

Bail: ($100,000 for indigent rape defendant not unreasonable, habeas denied) Burckhard, 6/4:4

Brady: (routine erasure of bank video) Allum, 6/18:2

Brief length: (Defendants' motion in complex environmental case for standing order suspending LR CR12.1(b) denied, brevity encouraged) W.R. Grace, 8/6:5

Burglary: Honey, 5/7:2; (investigative stop supported by particularized suspicion) Chambers, 8/13:2; Clark, 12/31:3

Confession: (voluntary) Honey, 5/7:2; (murder confession in voluntary boot camp not ``classic penalty'' coercion) Woods, 8/6:2

Continuance: (to obtain ill witness, properly denied upon failure to assure availability) Toulouse, 7/9:1

Counsel: (not denied) Honey, 5/7:2

Criminal endangerment: (holding child during armed confrontation with officers) Weigand, 8/20:4; Henderson, 12/31:3

Death penalty: (right to execution) Dawson, 8/6:3

Deferred prosecution: (jail time properly imposed pursuant to agreement for fish/game violations) Dreidlein, 11/12:5

Deliberate homicide: McGarvey, 12/10:4

Double jeopardy: (attempt to charge 3 protective order violations after dismissal of single charge after jury sworn barred by double jeopardy) Lynch, 7/23:4

Costs: (of appointed attorney improperly imposed without considering ability to pay) Rudolph, 2/26:4; (witness fees improperly assessed beyond limit) Parrish, 5/14:3

Double jeopardy: (not violated by refusal to dismiss following mistrial) Mallak, 3/19:1; (persistent offender enhancement based on underlying offense and failure to register not double jeopardy) Wardell, 10/22:3

Drugs: (sufficient evidence of operating meth lab, possession of drugs, sentence properly enhanced for proximity to other residences) Chase, 1/15:3; (possession is lesser-included of manufacturing, conviction of both barred by double jeopardy, state law arguments raised first time on appeal reviewed under ineffective assistance claim, first-time manufacturing accountability subject to 10 years, not 6 months) Becker, 4/2:2; Long, 6/4:4; (drugs in blood/urine only circumstantial evidence of prior possession, requires corroborating evidence of voluntary possession, meth in urine corroborated by admission, opiates/marijuana not corroborated, admission of meth use in revocation proceeding in exchange for recommendation of treatment not coerced, properly admitted at subsequent trial) RH, 7/23:3; (proper custody chain of baggies shipped by UPS) Bowser, 11/12:3

DUI: (5th-offense properly charged based on prior California DUIs, WATCh must be completed during prison term) Polaski, 2/5:4; (Defendant's uncontradicted testimony sufficient for finding lack of grounds for arrest, license reinstated) Eustance, 2/26:3; (``erratic driving'' reason for stopping, adequate description of training) Clark, 3/26:4; (Intoxilizer certification reports nontestimonial evidence per new federal rule, authors not required to be present at trial under Confrontation Clause) Carter, 4/9:2; (particularized suspicion based on erratic driving sufficient without citation to specific statutory violation, Defendant preserved only right to appeal JP's denial of motion to suppress, not entitled to trial de novo, hearing on motion to suppress not necessary) Schulke, 4/9:2; (chain of observations & events from informant to stop of 2nd vehicle with passenger who had been driver of DUI vehicle) Labuda, 4/9:3; (investigation at scene and hospital did not constitute investigative stop that would trigger advisory, no improper deviation from HGN interval requirement, consent given for blood test) Zakovi, 4/16:2; (particularized suspicion based on vehicle parked in closed city park and subsequent observations including open containers, even though no intent to issue citations for violation of city ordinances) Todd, 5/14:3; (Defendant properly observed during breath test and did not ingest anything during 15 minutes before) Flaherty, 5/21:4; (Lane oral/written sentence challenge rejected) Wiedrich, 5/21:4; (jury properly instructed on ``actual physical control'' by sleeping suspect, refusal to submit to field tests) Hudson, 6/11:3; (bar parking lot a ``way of the state open to the public'') Hayes, 6/18:3; (particularized suspicion to stop based on erratic driving despite erroneous Municipal Court finding of illegal U-turn) Trombley, 7/16:3; (State established Alco-Sensor PBT reliability sufficiently in showing that BAC exceeded legal limit, spontaneous statements prior to investigative stop advisories properly admitted, felony DUI still subject to persistent offender after amendment allowing treatment as alternative to prison) Damon, 9/10:3; (particularized suspicion to stop based on citizen informant's 911 call) Myhre, 11/12:3; (check of car parked on interchange in 0 weather proper under community caretaker doctrine, properly ripened into DUI investigative stop) Seaman, 12/17:4; (intent to offer mental illness as alternative explanation for driving off road by Defendant who had bullet wound not made clear to Court, mooted by witness's ``no'' to query purportedly intending to lead to mental illness theory) Sheehan, 12/24:4; (evidence of ``malfunctioning'' speedometer properly excluded where State did not try to prove diminished ability to drive based on speed) Spencer, 12/31:4

Entrapment: (officers merely afforded Defendant DUI opportunity) Reynolds, 1/1:8; (challenge of vehicle forfeiture waived in plea agreement) Herman, 4/30:4

Felony-murder: (assault with weapon encompassed under felony-murder statute, not unconstitutionally applied to abridge due process including mens rea) Burkhart, 1/1:6

Homicide solicitation: (renunciation defense properly denied) Lynch, 12/31:4

Hunting/fishing: (privileges properly suspended) Ruiz, 5/14:4

Ineffective assistance: (claims by baby homicide defendant rejected) Elliott, 2/5:4; (claims rejected) Clausell, 2/19:2; (defense counsel's allegation of perjury, failure to object to questioning about truthfulness of police, cannot be resolved on direct appeal) Webster, 3/5:4; (ineffective assistance in failing to take notice of questionnaire disclosure that panelist was mother of Prosecutor's paralegal) Lamere, 5/14:2; Batson challenge waived by untimely assertion) Parrish, 5/14:3; (decision not to investigate potential witnesses reasonable, no indication they would have changed outcome, good reason not to open door to maggot time-of-death testimony) Weaver, 7/2:2; (calling ER doctor in assault case) Kearney, 7/16:3; (no ineffective assistance to failing to appeal juror selection error based on 1996 law, Judge's failure to consult parties before answering jury queries should have been raised on direct appeal but failure to raise it not ineffective assistance under 1995 law) Woods, 8/6:2; (claims by check forgery defendant denied) Garrett, 8/20:3; (claim of ineffective assistance for not objecting to search warrant more appropriate for postconviction) Bowser, 11/12:3; (claim more appropriate for postconviction) Novak, 12/3:3

Jury: (juror who could not follow laws with which he disagreed properly removed for cause) Burkhart, 1/1:6; (panelist improperly removed without exam, but error harmless because of substantial compliance, no prejudice) Bearchild, 1/1:7; (ineffective assistance in failing to take notice of questionnaire disclosure that panelist was mother of Prosecutor's paralegal) Lamere, 5/14:2; (Defendant not prejudiced by not being present while Judge addressed juror concerns) Riggs, 5/21:3; (untested drug bindle properly allowed into jury room) Long, 6/4:4; (misconduct not established by failure to disclose assault by Defendant's brother, jury query properly answered by reference to instructions) Dunfee, 6/11:3; (prospective juror indicated ability to be fair and follow law despite moral repugnance toward anal sex between men) Marble, 8/27:3

Kidnap: (aggravated) Toulouse, 7/9:1

Mandamus: (Judge allowed to respond to request for mandamus to require ordered relief) McClanahan, 2/26:5

Negligent homicide: (victim's alleged violent history irrelevant to justifiable force) Montgomery, 5/21:3

New trial: (law relating to motions for new trial based on new evidence clarified, remanded for reconsideration of new trial motion based on recantation) Clark, 12/31:2

Obstruction of officer: (attempted, neighbor's warning call about SWAT) Baker, 1/8:5

Other crimes: (theft defendant invited reference to PO, waived right to appeal alleged error) Smith, 2/5:3; (inadvertent statement properly cured by instruction) Long, 6/4:4

Partner/family member assault: (District Court has concurrent jurisdiction with Justice Court over both misdemeanor and felony charges) Brockway, 7/23:4; (references to prior assaults not cause for mistrial) Hofeldt, 7/30:4; Grixti, 12/3:4; (Defendant waived claim of infirmities in prior convictions when he pled guilty to 3rd-offense PFMA, postconviction claim also barred by failure to appeal sentence, claim nonjurisdictional under Pena) Slavin, 12/17:5

Plea withdrawal: (heightened federal standard for voluntariness adopted, risk of sex offender treatment as part of sex-related burglary guilty plea, Zoloft, not reasons for withdrawal) Lone Elk, 3/19:2; (doubt whether Defendant understood that sexual assault lesser-included of sexual assault with bodily injury only a misdemeanor, should be allowed to withdraw guilty plea) Rave, 4/9:2; (avoidance of 3 life sentences adequate consideration for plea bargain in which Defendant waived right to appeal, counsel not ineffective in advising agreement) Lout, 4/23:3; (voluntariness standard clarified, failure to specifically inquire as to satisfaction with counsel not cause for withdrawal) Warclub, 7/16:2; (Defendant fully advised of rights at plea appearance, not induced/coerced by Clerk's comment although court officers should not give legal advice/opinions, informed of federal firearms consequence of PFMA conviction although judges not required to inform of collateral consequences, not rendered unfit by medication) Duffy, 9/24:4; Muhammad, 10/1:4; (denied) Favi, 12/3:4

Postconviction relief: (petition challenging prison sentence of youth untimely) Camarillo, 2/26:4; (untimely) Daniels, 6/4:5; (petition alleging ineffective assistance properly denied without evidentiary hearing) Ford, 6/25:2; (judge's failure to consult parties before answering jury queries should have been raised on direct appeal but failure to raise it not ineffective assistance under 1995 law) Woods, 8/6:2; (legality of felony DUI sentence could have been raised on appeal, barred in postconviction proceeding) Osborne, 11/5:3, 12/17:5; (postconviction challenge of 1986 weapon enhancement sentence untimely in DUI persistent offender challenge) Bingman, 11/5:3; (claims by Defendant who attempted to kill lover's wife denied) Ice, 11/26:7; (claim barred by failure to appeal sentence) Slavin, 12/17:5

Prisoners: (freedom of religion not denied by denial of ``religious meals'') Cape v. CCC, 4/16:3

Pro se: (Judge not obligated to accept pro se motions from adequately represented defendants, but having authorized the motion, should have considered all SVORA issues raised) Samples, 9/10:5

Prosecutorial discretion: (2-lb marijuana prosecution of pre-med student who cooperated on assurance of no federal prosecution makes no sense under fundamental fairness/detrimental reliance test, but not ``inherently unfair'' as to warrant dismissal) Elliott, 1/29:5; (in dropping misdemeanors) Cameron, 2/19:3

Prosecutorial misconduct: (claims rejected) Clausell, 2/19:2; (mistrial based on improper comments in closing properly denied) Novak, 12/3:3

Protective order violation: Kuipers, 6/25:2

Publicity: Pittman, 3/26:4; (Victim Witness Specialist's statements at Justice For All Act meeting not violative of rules and order governing public statements, counsel counseled against trying case in press) US v. W.R. Grace, 12/10:7

Rape: (life without parole for 2nd offense not violative of due process, cruel punishment, mandatory exception inapplicable) Webb, 2/5:3; Marble, 8/27:3; (sufficient evidence based on woman's testimony that she was asleep during sex over Defendant's testimony that she participated) Shields, 10/22:3

Recantation: Clark, 12/31:2

Redirect: (properly reopened) Long, 6/4:4

Resisting arrest: Grixti, 12/3:4

Res judicata: (improperly based on pending case) Brown, 3/26:5

Restitution: (properly imposed on prison/parole earnings) Shreves, 2/5:4; (2003 amendment providing for PO responsibility for restitution schedule properly applied to prior theft, 10% administration fee/surcharges properly assessed) Denham, 2/19:4; (restitution including joint & several properly imposed under 2003 amendments) Workman, 2/19:4; (improperly imposed without suspension) Honey, 5/7:2; (properly imposed without jury having found amount) Field, 7/30:3; (improperly imposed without documentation of victim's loss under 2001 statute) Hirt, 11/26:7

Revocation: (single violation sufficient for revocation, no need to consider remoteness of others, new conditions improperly imposed) Rudolph, 2/26:4; (reimposed sentence to MSP not same or lesser than DOC commitment under 1995 law) Tracy, 6/11:3

Robbery: (circumstantial identity evidence properly went to jury, no plain error review of claimed error as to charge) Hill, 9/17:6

Sealed documents: (motion to file sentencing memorandum under seal fails to comply with Local Rules, cooperation with authorities insufficient reason to seal) US v. Brown, 12/17:6

Search & seizure: (probable cause to search garage for meth lab, but not house) Graham, 1/1:7; (no-knock entry into meth house pursuant to warrant violated constitutional rights, magistrate must pre-approve no-knock entry) Anyan, 1/8:4; (mother had authority to consent to police breaking down door of ``trespasser'' son's bedroom) Gilmore, 1/15:2; (``knock & talk'' search of motel room including container in purse exceeded permission to look for artwork from art store thefts) Whitehorn, 1/29:4; (warrant indicated pickup and house but only authorized pickup, no good-faith exception, drug evidence from house suppressed) Robinson, 3/12:5; (postal inspector had reasonable suspicion to detain package, subject it to dog sniff, search warrant entry properly made under futility exception to ``knock & announce'' rule) Ochadeleus, 4/16:3; (driver stopped for speeding found to have consented to search of car) Shaw, 6/11:4; (unknown pills, later determined to be illegal, properly seized in contraband search) Wetzel, 6/18:1; (``trash dive'' of suspected meth lab operator not violative of privacy expectations, restraints imposed on garbage can searches) State v. A Blue in Color 1993 Chevrolet Pickup, 7/23:2; (marijuana odor and admission that someone had recently smoked in truck sufficient for warrantless seizure, probable cause for search warrant) Pierce, 7/30:2; Clifford, 9/10:4

Sentence review: (supervisory control denied) Langton, Haynes, 9/24:4, 5

Sentencing: (Defendant not sentenced more harshly for failing to admit guilt) Burkhart, 1/1:6; (sex offender conditions proper on suspended sentence for failure to register, other conditions not related or not in oral pronouncement) Malloy, 1/8:6; (remanded for reconsideration by Simonton of connection between restitution and offenses and amendment to reflect accountability as basis for assault with weapon) McDanold, 1/15:3; (6th Amendment requires juries, not judges, to find facts relevant to sentencing, Guidelines advisory, not mandatory) Booker, 1/15:6; (prison v. DPHHS) Pittman, 3/26:4; (qualified immunity) San Jose Chapter of Hells Angels Motorcycle Club v. San Jose, 4/9:6; (challenge of vehicle forfeiture waived in plea agreement) Herman, 4/30:4; (hunting/fishing privileges properly suspended) Ruiz, 5/14:4; (Lane oral/written sentence challenge rejected) Wiedrich, 5/21:4; (3rd child sexual assault sentence not breach of plea agreement) Rardon, 6/4:3; (credit should be given for time in detention on other concurrent sentences) Tracy, 6/11:3; (PSI report of prior police contacts properly considered, placement properly required outside of Butte-Silver Bow area) Dunfee, 6/11:3; (no self-incrimination by requiring sex offender treatment and admission of guilt by Defendant who pled guilty) Van Haele, 6/18:3; (Defendant improperly banished from county) Weinberger, 7/9:2; (video appearance by prosecutor denied) Nealy, 7/9:4; (remanded for re-calculation of jail credit on separate sentences in light of unclear record on bond revocation for first charge, despite failure to object, support improperly ordered in lieu of restitution/costs for possession/lab offenses) Erickson, 10/8:1; (cruel/unusual) Wardell, 10/22:3; (State may raise jurisdiction (failure to object to sentence) first time on appeal, although not condoned, legality of felony DUI sentence could have been raised on appeal, barred in postconviction proceeding) Osborne, 11/5:3, (petition for rehearing of postconviction denial citing subsequent US Supreme Court opinion on jurisdictional limits denied) 12/17:5; (postconviction challenge of 1986 weapon enhancement sentence untimely in DUI persistent offender challenge) Bingman, 11/5:3; (Judge had jurisdiction over Defendant's motion for permission from Judge to drive even if condition considered in excess of authority, but State failed to file alleged illegal sentence appeal within 14 days of original judgment, untimely, dismissed) Bowser, 11/12:3; (due process rights not violated in changing sentence from DOC to MSP following successful appeal) Heath, 11/12:4; (jail time properly imposed pursuant to deferred prosecution agreement) Dreidlein, 11/12:5; (restitution improperly imposed without documentation of victim's loss under 2001 statute, reimbursement for appointed counsel improperly ordered based on possible future resources) Hirt, 11/26:7; (claim nonjurisdictional under Pena) Slavin, 12/17:5; (no support for claim of vindictive sentence recommendation) Henderson, 12/31:3

Sexual assault: (misdemeanor assault not lesser included as charged) Cameron, 2/19:3; (admissions voluntary) McCollom, 3/19:1; (30 years prison reasonable & just for drug crimes post-Booker, not Guidelines calculation of life) Hoskins, 5/7:5; (also SWIC/incest, expert testimony on girls' credibility properly excluded, therapist of one girl properly allowed to testify, severance properly denied) Riggs, 5/21:3; (mental illnesses did not render defendant unable to conform to law, revocation properly specified DOC rather than DPHHS) Burke, 10/22:4; (not violation of due process for State to recommend longer sentence than Defendant rejected in negotiations) Killam, 10/22:5; (plain error review of unanimity instruction declined) Clark, 12/31:2

Sexual/violent offender registration: (judge not required to notify of duty to register) White Bear, 1/29:1; (Defendant who was required to register while a juvenile in Washington required to register in Montana) Villanueva, 8/13:2; (persistent offender enhancement based on underlying offense and failure to register not double jeopardy, sentence not cruel/unusual) Wardell, 10/22:3

Speedy trial: (speedy trial claim properly denied, incarceration on federal charges negates prejudice) Bowser, 11/12:3

Statutory rape/sexual assault: Novak, 12/3:3

Tampering/fabricating evidence: Clifford, 9/10:4; Henderson, 12/31:3

Theft by deception: (sufficient evidence that former ranch hand obtained money from elderly woman under guise of back wages) Dahl, 1/29:1; Kuipers, 6/25:2; (by deception, sufficient evidence that hotel manager manipulated billings and deposits... no Brady violation in relation to financial documents, jury properly instructed) Field, 7/30:3; (burglary acquittal did not establish that Defendant not guilty of entry into and actual taking from store, sufficient evidence of actual taking) Kelley, 8/20:4

Threats in official matters: Clifford, 9/10:4

Traffic stop: (particularized suspicion by switch of drivers, racial profiling not found) State v. Britt, 4/30:4

Trespass, criminal: (instructions correctly stated elements... store manager did not need written authority from owner to ask person to leave... statute not vague/overbroad) Allum, 6/18:2

Trial in absentia: (properly held after Defendant voluntarily absent with unverified claimed medical condition) Clark, 7/9:2

Untimely motion for extension to file brief: (supervisory control denied) Pinocci, 2/26:5

Youth: (13-year-old alleged killer properly transferred to district court) Whiteman, 2/5:3; (po