¶1 Lawrence Rolan Lindberg (Lindberg) appeals his conviction on two felony counts of sexual assault, one felony count of sexual intercourse without consent, and one misdemeanor count of sexual assault in the Eleventh Judicial District, Flathead County. We affirm... FACTUAL AND PROCEDURAL BACKGROUND... ¶2 On December 23, 2003, Lindberg was charged with two counts of sexual assault and one count of sexual intercourse without consent. The circumstances leading to these charges are as...  

¶1 Samuel A. Belanger appeals the revocation of his deferred sentence by the Twentieth Judicial District Court, Sanders County. We affirm in part, reverse in part, and remand with instructions... BACKGROUND... ¶2 The State filed an information in March 2003 charging Belanger with one count of sexual assault, a felony, and one count of sexual intercourse without consent, also a felony. These offenses allegedly occurred in January 2003. The parties ultimately entered into a plea...  

¶1 Joseph DeSchon was convicted of deliberate homicide for stabbing his nephew James "Jimmy J" Azure. Lewis and Clark County public defenders Randi Hood and Jeremy Gersovitz represented DeSchon. After sentencing, DeSchon filed a petition for post-conviction relief on the grounds that his counsel were ineffective. After an evidentiary hearing the petition was denied by the District Court. DeSchon appeals... ¶2 DeSchon raises two issues on appeal, which we restate as follows:......  

¶1 Allen J. Potter (Potter) appeals a judgment entered in the Montana Fourth Judicial District, Missoula County, convicting him of the offense of aggravated assault and sentencing him as a persistent felony offender... ¶2 Potter raises three issues on appeal, which we restate as follows:... ¶3 (1) Did the District Court err in instructing the jury that attempted aggravated assault is a potential lesser included offense of aggravated assault?... ¶4 (2) Did the District Court...  

¶1 James Curtis Maki appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his guilty pleas to the felony offenses of criminal possession of dangerous drugs and criminal possession of precursors. We affirm... ¶2 The issue on appeal is whether the District Court erred by denying Maki's motion to dismiss the charges on double jeopardy grounds... BACKGROUND... ¶3 Due in part to the manner in which this case proceeded in the District Court, the...  

¶1 Shumaker Trucking and Excavating Contractors, Inc. (Shumaker) appeals from various rulings of the Eighth Judicial District, Cascade County, during the course of a jury trial where the jury found in favor of Cody J. Olson (Olson). Olson cross-appeals the District Court's denial of his motion for summary judgment on the issue of contributory negligence. We affirm... ¶2 Shumaker presents the following issues for review:... ¶3 Whether the District Court properly instructed the...  

¶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 The Seventeenth Judicial District...  

¶1 Daniel Joseph Martz appeals his conviction and sentence in the Sixth Judicial District Court, Park County, for partner or family member assault. We affirm... BACKGROUND... ¶2 The procedural history of this appeal is somewhat convoluted, involving multiple charges of partner or family member assault ("PFMA") in three separate criminal cases, all filed in the Sixth Judicial District Court. At the outset, it is useful to note that a first or second conviction of PFMA is...  

¶1 Appellants (Protesters) appeal from an order of the Eighth Judicial District Court, Cascade County, that reversed the Montana Department of Revenue's (Department) decision to grant summary judgment to Great Falls Holdings (GFH), and that remanded the case for a full hearing on the issues presented in Protesters' letters. We affirm... ¶2 Protesters present the following issues for review:... ¶3 Whether the District Court properly denied Protesters' motion for default based upon...  

¶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 Douglas R. Boese (Boese), a...  

¶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 Mary J. Clement (Clement)...  

¶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 The Fourth Judicial District Court,...  

¶1 Appellant Bitterroot River Protective Association ("BRPA") appeals the January 12, 2006 Opinion and Order of the Twenty-first Judicial District Court, Ravalli County, affirming the determination of the Board of Supervisors of the Bitterroot Conservation District ("BCD" or "Board") that the Mitchell Slough, a body of water in the Bitterroot Valley, is not a "natural, perennial-flowing stream" under the Natural Streambed and Land Preservation Act of 1975,...  

¶1 Robert Roy Milligan (Milligan) appeals from an order entered in the Second Judicial District, Silver Bow County, convicting him of one count of felony negligent vehicular assault and two counts of misdemeanor negligent vehicular assault. We affirm in part, reverse in part, and remand... ¶2 Milligan presents the following issues for review:... ¶3 Whether the District Court violated Milligan's statutory right to plead guilty to a driving under the influence (DUI) charge later...  

¶1 Thomas Mercer (Mercer) appeals the order of the Fourth Judicial District Court, Missoula County, of September 20, 2007. The District Court order affirmed the Montana Human Rights Commission's Order that held that Mercer had discriminated against Dennis McGee (McGee) based on McGee's marital status and that had awarded damages to McGee... We affirm... ¶2 We review the following issues on appeal:... ¶3 Did the District Court correctly affirm the Human Rights Commission's order...  

¶1 Talon Plumbing and Heating, Inc. (Talon) appeals from an order of the Eighth Judicial District Court, Cascade County, in a wage claim proceeding, that directs Talon to pay Pat E. Bears (Bears) a total of $12,872.44 in unpaid commissions, penalties, attorney fees, costs, and accrued interest. We affirm... ¶2 Talon presents the following issues for review:... ¶3 Whether the District Court abused its discretion when it awarded attorney fees to Bears as the prevailing party in a...  

¶1 After a bench trial in the Third Judicial District Court, Deer Lodge County, David Wendler was convicted of hunting during a closed season and possessing an unlawfully killed game animal. Wendler appeals. We affirm... ¶2 The issues are:... ¶3 1. Did the District Court err in denying Wendler's motions "for a judgment of acquittal" which was based on the State of Montana not presenting sufficient evidence to corroborate the testimony of his alleged accomplice?... ¶4...  

¶1 Martin Mariano Baca (Baca) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief in part. Baca also appeals from the sentence imposed on his conviction for partner or family member assault (PFMA) in the underlying criminal proceeding. We affirm in part, reverse in part and remand for further proceedings... ¶2 Baca raises the following issues:... ¶3 1. Did the trial court err in sentencing...  

¶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 nonciteable cases published in the Pacific Reporter and Montana Reports... ¶2 Richard Hay appeals from the judgment of the Sixteenth Judicial...  

¶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 Julie Tramelli (Tramelli) appeals...