ORDER... As of October, 2007, the law now provides for jurors to be selected from lists of drivers and ID card holders as well as voters. In light of this change, the Uniform District Court Rules Commission has requested that we amend the Rules to reflect the present state of the law and adopt an amendment concerning access to answers given in the juror questionnaire... Good cause appearing therefor,... IT IS HEREBY ORDERED that the Uniform District Court Rules are amended as follows:... The...  

¶1 Michael Thaddeus Goetz (Goetz) and Joseph Patrick Hamper (Hamper) (collectively, the Defendants) appeal from the judgments entered by the Eighteenth Judicial District Court, Gallatin County, on their respective convictions for felony criminal distribution of dangerous drugs. Specifically, the Defendants challenge the District Court's denial of their motions to suppress evidence. We reverse and remand... ¶2 We address the following issue:... ¶3 Were the Defendants' rights under...  

¶1 Randall Leroy Wood appeals his conviction in the District Court for the Fourth Judicial District, Missoula County, of Criminal Possession of Dangerous Drugs and Criminal Possession of Drug Paraphernalia. We affirm... ¶2 Wood raises two issues on appeal which we have restated as follows:... ¶3 1. Whether Wood's counsel was ineffective for not moving for a mistrial after the arresting officer testified regarding Wood's behavior at the time of his arrest... ¶4 2. Whether the...  

¶1 Jason Tyler Mackrill appeals from his conviction in the District Court for the Sixth Judicial District, Park County, of aggravated assault. We affirm... FACTUAL AND PROCEDURAL BACKGROUND... ¶2 Mackrill visited a number of bars in Livingston, Montana, during the evening of October 23, 2005. He entered the Whiskey Creek Saloon at around 9:30. The bartender, Lori Munro, observed that he appeared to be intoxicated. According to Munro, Mackrill staggered around the bar for awhile and...  

¶1 E.T. appeals the District Court's ruling which denied him the opportunity to present evidence and testimony at his initial appearance to challenge the probable cause for the County's petition to have him involuntarily committed. We affirm... ¶2 We restate the issue as follows:... ¶3 Did the District Court err by denying E.T. the opportunity to present evidence and testimony on the issue of probable cause during his initial appearance before the District Court?... BACKGROUND......  

¶1 Appellant Appleway Equipment Leasing, Inc. (Appleway), appeals from the order of the Tenth Judicial District Court, Judith Basin County, denying its motion to dismiss on the basis of improper venue. We reverse... ¶2 We restate the issue on appeal as follows:... ¶3 Did the District Court err by invalidating the forum selection clause of the parties' agreement?... FACTUAL AND PROCEDURAL BACKGROUND... ¶4 Appellee Perry Polzin (Polzin), a Montana resident, owns and operates...  

¶1 Appellant, O.R.B. appeals from the order of the Ninth Judicial District Court, Glacier County, committing her to the Montana State Hospital at Warm Springs. We affirm... ¶2 We consider the following issues on appeal:... ¶3 1. Did the District Court err by failing to secure an appointed "friend" for O.R.B.?... ¶4 2. Did the District Court make a sufficiently detailed statement of facts to support its findings as required by § 53-21-127(8)(a), MCA?... ¶5...  

¶1 Tad Russell Torgeson appeals from an order entered in the Montana Fourth Judicial District, Missoula County, denying his Motion to Dismiss or, in the Alternative, to Suppress Evidence... ¶2 Torgeson lists three issues on appeal. However, any reversal of the District Court judgment depends on whether Torgeson was arrested pursuant to an invalid arrest warrant. His brief, in substance, addresses only that issue... ¶3 On October 21, 2005, law enforcement executed a search warrant...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, the Supreme Court cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 This is an appeal by Pam...  

¶1 The State appeals from an order of the Eighteenth Judicial District Court, Gallatin County, granting the motion of Collin Jerome Willis (Willis) to dismiss for lack of jurisdiction. We reverse... ¶2 We review the following issue on appeal:... ¶3 Did the District Court correctly grant Willis's motion to dismiss for lack of jurisdiction?... FACTUAL AND PROCEDURAL BACKGROUND... ¶4 Trooper Darlene Lee of the Montana Highway Patrol responded on October 2, 2006, to an accident...  

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Appellant Charles R. Dunn appeals from...  

¶1 Jon Ross McMaster (McMaster) appeals from his conviction in the Ninth Judicial District, Pondera County, of felony criminal possession of dangerous drugs. We affirm... ¶2 We restate the issue as follows:... ¶3 Did the District Court err when it determined that Deputy Suta had particularized suspicion to stop McMaster's vehicle?... BACKGROUND... ¶4 On December 29, 2006, Police Officer Travis Alexander observed a possible drug deal in the parking lot of the Town Pump and...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Keith Warren Smith (Smith), a...  

¶1 After attorney Moira D'Alton (D'Alton) admitted to violating various rules of professional conduct, she was publicly censured by this Court. However, the actions which constituted conduct violations remained confidential under the Rules for Lawyer Disciplinary Enforcement. The Billings Gazette (Gazette) sought a copy of her disciplinary file and the Commission on Practice (Commission) and the Office of Disciplinary Counsel (ODC) refused to provide it. The Gazette sued in the First...  

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Steve and Rhean Harris (Harrises) appeal from several rulings in the...  

¶1 Andrew Saunders, a New York resident, incorporated Apple Park Condominiums, L.L.C., for the purpose of purchasing a multi-unit condominium building in Kalispell, Montana. Apple Park, L.L.C. (Seller) and Apple Park Condominiums, L.L.C. and Saunders (Buyers) entered into a Buy/Sell Agreement (Agreement) in July 2005. Subsequently, Buyers refused to close on the Agreement. Seller sued and the Eleventh Judicial District Court ruled that Buyers had breached the contract. Buyers appeal. We...  

¶1 This case arises out of a dispute over the sale/purchase of two Beechcraft King Air 200 aircraft. The sellers—Corporate Air, Air Services Limited Partnership, Skywalker International, Inc., Michael W. Overstreet, Linda Overstreet, and Luke Overstreet (collectively, "Corporate Air")—filed suit in March 2003 against the buyers—Edwards Jet Center Montana, Inc., doing business as Edwards Jet Center, and A. Clifford Edwards (collectively, "Edwards...  

¶1 Appellants, Country Highlands Homeowners Association Inc., Martin Gilman, and Alan McNeil (Country Highlands), appeal from the order of the Eleventh Judicial District Court, Flathead County denying their motion for summary judgment and granting summary judgment to Appellee Board of County Commissioners of Flathead County (Board). We dismiss the appeal because the issues have been mooted... ¶2 Country Highlands raises the following issues on appeal:... ¶3 1. Did the District...  

¶1 Appellant Thomas Becker (Becker) was terminated from his employment as a fuel technician with Appellee Rosebud Operating Services, Inc. (ROSI), after a heated argument with his supervisor and the plant manager. Becker filed a wrongful discharge action against ROSI in the Thirteenth Judicial District Court, Yellowstone County. The District Court granted summary judgment to ROSI. We affirm... ¶2 We address the following issues on appeal:... ¶3 1. Should we decline to consider...  

¶1 Robert Jonathan Shelton, Jr. ("Shelton") was convicted by a jury of operating an unlawful clandestine laboratory. Prior to trial, he moved to suppress evidence gathered from a third party's apartment. Shelton appeals the District Court's order denying his motion to suppress. We affirm... ¶2 We restate the issues as follows:... ¶3 I. Did the District Court err in denying Shelton's motion to suppress the evidence collected from the consensual search of a garbage can...