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State v. Robertson

State v. Robertson, 2015 MT 341 (Dec. 8, 2015) (Cotter, J.) (5-0, rev’d)

Issue: Whether the district court erred in dismissing the aggravated assault charge against Robertson based on the state’s failure to issue a fitness-to-proceed report within 90 days of Robertson’s commitment.

Short Answer: Yes, because Robertson waived the timeliness argument.

Reversed and remanded

Facts: Ross Robertson has been in and out of the state hospital at least seven times since 2004. Robertson attempted to rob a convenience store using a weapon in 2005. After a competency evaluation, he pled guilty but mentally ill and was sentenced to DPHHS’s custody for 15 years with 5 suspended.

In January 2012, Robertson violently attacked and seriously injured a nurse at MSH.…

Garza v. Forquest Ventures, Inc.

Garza v. Forquest Ventures, Inc., 2015 MT 284 (Sept. 29, 2015) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court correctly determined that Plaintiffs-Investors timely asserted their claims under the Montana Securities Act; (2) whether the district court correctly determined that the non-Garza Investors’ claims relate back to the original complaint’s filing date; (3) whether the district court correctly determined there were no genuine issues of material fact regarding Forquest’s failure to use reasonable care in its sale of securities; and (4) whether the district court correctly held that Advanced Analytical could not “unintentionally” waive its right to raise personal jurisdiction by filing an empty 12(b)(6) motion.

Short Answer: (1) Yes; (2) yes; (3) yes; and (4) no.…

In re Poplar Elem. v. Froid Elem.

In re Poplar Elem. v. Froid Elem., 2015 MT 278 (Sept. 17, 2015) (Rice. J.; Shea, J., dissenting) (4-1, rev’d)

Issue: Whether the district court erred in holding the county superintendent abused his discretion by receiving unsworn statements as evidence in the territory transfer hearing.

Short Answer: Yes.

Reversed and remanded

Facts: In March 2013, Froid’s board of trustees and a group of Roosevelt County electors petitioned the Roosevelt County school superintendent to transfer territory from the Poplar school district to the Froid school district. Poplar opposed the transfer. By statute, the county superintendent was required to hold a hearing on the petition. She appointed Paul Huber to act as deputy superintendent to hold the hearing and decide the petition.…

Tempel v. Benson

Tempel v. Benson, 2015 MT 84 (April 21, 2015) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether Tempel waived her right to appeal the jury verdict by accepting the benefits of the judgment; and (2) whether the district court abused its discretion in determining that Benson’s conduct did not warrant discovery sanctions.

Short Answer: (1) Yes, and (2) no.


Facts: Tempel sued Benson for negligence after the two were in a car accident. During discovery, Tempel sent Benson a request to admit violating certain traffic laws, and Benson denied the request. Tempel moved for summary judgment on negligence, and the district court granted her motion. Tempel also moved for Rule 37 sanctions for Benson’s failure to admit violating traffic laws; the district court denied the motion.…