The Court affirmed the District Court’s denial of Carrie Brewer’s claims for back child support, current child support, and attorney fees. It declined to replace abuse-of-discretion review with de novo review for a variance from the Montana Child Support Guidelines and concluded that the District Court’s factual…
Montana Supreme Court, 2008
Published opinions from 2008. The case name opens the case page.
2008 opinions
MontanaJohn and Bonnie Lorang, Plaintiffs, Appellants and Cross-Appellees v. Fortis Insurance Company, Defendant, Appellee…
July 17, 2008345 Mont. 12
The Court affirmed summary judgment for Fortis on the Lorangs’ anticipatory-repudiation claim, but reversed summary judgment for Fortis on the UTPA misrepresentation and unreasonable-investigation claims and held the Lorangs entitled to partial summary judgment on liability for those violations.
MontanaKenneth Leroy Whitlow, Petitioner and Appellant v. State of Montana, Respondent and Appellee
April 22, 2008343 Mont. 90
The Montana Supreme Court affirmed the denial of Whitlow’s postconviction petition, holding that he had not shown his lawyer’s voir dire questioning of either challenged juror fell below an objectively reasonable professional standard.
MontanaState of Montana, Plaintiff and Appellee v. Eugene Howard Ashby, Defendant and Appellant
March 11, 2008342 Mont. 187
The Montana Supreme Court held that probation conditions must be reviewed first for legality and then for reasonableness under an abuse-of-discretion standard. It expanded the required nexus to permit a condition related either to the offense or to the offender, but held that Ashby's alcohol and drug restrictions…