Latest 3 Cases: State v. Oropeza (Criminal Law), In re Marriage of Kirkman (Family Law), Matter of C.M.G. (Family Law)

Should Animals Be Allowed to Sue?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one.

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State v. Oropeza

Citation: 2020 MT 16

Opinion Date: January 28, 2020

Judge: Mike McGrath

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the district court revoking Appellant's deferred sentence for criminal possession of illicit drugs, holding that the district court did not abuse its discretion when it revoked Appellant's deferred sentence after he failed to report to his probation officer for three months. Specifically, the Court held (1) the district court did not abuse its discretion in determining that Appellant absconded in violation of his probation conditions such that Defendant's probation officer was not required to exhaust Montana Incentives and Interventions Grid for Adult Probation & Parole procedures prior to initiating revocation proceedings against Appellant; (2) substantial evidence supported the district court's conclusion that Appellant failed to report for the purpose of avoiding supervision and that the probation office made reasonable efforts to contact Appellant; and (3) therefore, the district court did not abuse its discretion in revoking Appellant's deferred sentence.

In re Marriage of Kirkman

Citation: 2020 MT 17

Opinion Date: January 28, 2020

Judge: Sandefur

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the district court modifying the parties' prior Florida parenting plan, holding that the district court did not erroneously modify the parties' Florida parenting plan in violation of the Uniform Child Custody Jurisdiction and Enforcement Act. In 2015, the Florida circuit court dissolved the parties' marriage, and the court adopted a stipulated parenting plan. In 2018, Father filed a district court petition for Montana registration of the 2015 Florida parenting plan. The district court entered a permanent order of protection modifying the parties' Florida parenting plan. The Supreme Court affirmed, holding that the district court properly acted within its emergency jurisdiction under Mont. Code Ann. 40-7-204(1) and that the order substantially complied with Mont. Code Ann. 40-7-204(3).

Matter of C.M.G.

Citation: 2020 MT 15

Opinion Date: January 28, 2020

Judge: James A. Rice

Areas of Law: Family Law

The Supreme Court affirmed the termination of Father's parental rights to his son, holding that the district court did not err by finding that the Department of Health and Human Services made reasonable efforts to reunite Father and his child. After the district court terminated Father's rights to his child Father argued that the Department did not make reasonable efforts to reunite him with his child. The Supreme Court affirmed, holding (1) while Father's challenge to the Department's reasonable efforts at trial was not developed, there as ample evidence in the record to establish that the Department made reasonable efforts to reunite Father with his child; and (2) the district court did not err in concluding that Father failed to complete a court-approved treatment plan, his conduct or condition rendering him unfit to parent the child was unlikely to change within a reasonable time, and that his rights to the child should be terminated.