ED SMITH
CLERK
State of Montana
Office of the Clerk of the Supreme Court




DAILY ORDERS

Document Description Filing DateCase Number Abreviated Title
Order - Grant - Extension of Time Feb 9 2012 11:41AM DA 11-0614 State v. Meyer
Order - Grant - Extension of Time Feb 9 2012 11:35AM DA 11-0338 City of Billings v. Edward
Extension - Appellant GRANT of Extension of time until 3/2/2012 to file Reply Brief. Feb 9 2012 11:14AM DA 11-0136 Hood v. Hood
Extension - Grant of Extension - Appellee is given until 3/12/12 to file its brief. Feb 9 2012 10:05AM DA 11-0388 State V. Christopher Lewis
Extension - Grant of Extension -Appellee is given until 3/23/12 to file its brief. Feb 9 2012 9:51AM DA 11-0494 State v. Dugan
Extension - Grant of Extension - Appellee is given until 3/9/12 to file its brief. Feb 9 2012 9:39AM DA 11-0512 State v. Kruse
Order - Classified - Five Justice Panel Feb 8 2012 3:38PM DA 11-0479 State v. DeAvila
Order - Classified - Five Justice Panel Feb 8 2012 3:35PM DA 11-0474 Cascade Development v. City of Bozeman
Order - Classified - Five Justice Panel Feb 8 2012 3:28PM DA 11-0528 Muller v. Dept. of Justice-Motor Vehicle Division
Order - Classified - Five Justice Panel Feb 8 2012 3:22PM DA 11-0393 Scheafer v. Safeco Insurance Co. of Ill.
Order - Classified - Five Justice Panel Feb 8 2012 3:20PM DA 11-0492 Montana State Fund v. Grande
Order - Classified - Five Justice Panel Feb 8 2012 3:14PM DA 11-0044 State v. Hardman
Order - Classified - Oral Argument - Wednesday, 3/14/12, at 1:30 p.m. Feb 8 2012 3:04PM OP 11-0463 BNSF Railway Co. v. Feit
Order - Classified - Oral Argument sitting en banc on 3/21/2012 @ 9:30 a.m. Feb 8 2012 12:23PM DA 11-0325 State v. Derek Bishop
Extension - Appellee GRANT of Extension of time until 3/21/2012 to file response brief. Feb 8 2012 12:17PM DA 11-0597 Albert v. City of Billings
Mediation - Order Appointing Mediator (Shelly Brander) Feb 8 2012 11:37AM DA 12-0031 Varano v. Hicks
Extension - Appellant GRANT of Extension of Time until 3/9/2012 to file Reply Brief. Feb 8 2012 11:21AM DA 11-0595 Kaufman v. Home Value
Order - within 10 days, Miller is directed to pay the filing fee or file a motion to proceed without paying; the petition for out-of-time appeal is GRANTED; this matter is remanded to the DC to reinstate Miller's appeal. Feb 8 2012 10:55AM DA 11-0684 Miller v. State
Mediation - Order Appointing Mediator (Carter Picotte) Feb 8 2012 10:38AM DA 12-0004 State v. Kelly Johnson
Order - Final Disposition: Deny - Petition for Habeas Corpus is DENIED. Feb 7 2012 5:02PM OP 11-0622 Keech v. Mahoney
Order - Final Disposition: Deny writ of habeas corpus and advising Clerk to accept no more pro se pleadings until filing of proof of termination of counsel by District Court order Feb 7 2012 4:45PM OP 11-0592 Ridge v. DOC
Order - Respond to Pleading - leave to proceed without paying filing fee is GRANTED; the Attorney General and/or counsel for Department of Corrections are granted until 5 p.m. on 2/9/12 to file a response. Feb 7 2012 4:37PM OP 12-0089 Jathi Saechang v. State
Order - Final Disposition: Grant waiver of filing fee; and DENY writ of habeas corpus Feb 7 2012 4:27PM OP 11-0770 Johnston v. Warden Kirkgard
Order - the motion for recusal is moot; Johnson's motion to dismiss is DENIED. Feb 7 2012 4:16PM DA 12-0004 State v. Kelly Johnson
Order - Grant - Extension of Time until March 7, 2012, to file APPELLANT'S opening Brief. Feb 7 2012 3:46PM DA 11-0708 CBI, Inc. v. Sharon McCrea
Order - Deficiencies-Brief returned to Appellant per M.R. App.P. 12(1)(d), 12(9), and 12(1)(h) for compliance. Revised brief with updated certificates of service and compliance are due by 2/17/2011. No other changes, additions, or deletions may be made. Feb 7 2012 12:43PM DA 11-0672 Robison v. DOR
Order - Deficiencies-Brief returned to Appellant per M.R. App. P. 12(1)(d) and 12(9) for revisions and updated certificates of service and compliance. Brief must be re-filed by 2/17/11. NO other changes, additions, or deletions may be made. Feb 7 2012 12:17PM DA 11-0636 Discover Bank v. Lemieux
Order - Deny-Petition for Rehearing Feb 7 2012 11:04AM DA 11-0286 Davenport v. Odlin
Order - Deny - the motion to stay is DENIED. Feb 7 2012 10:16AM DA 11-0081 Western Tradition v. Attorney General
Extension - Grant of Extension - Appellee is granted unitl 3/6/12 to file its brief. Feb 7 2012 9:54AM DA 11-0641 State v. Trier
Order - upon payment of appropriate fees, DONALD FLACK shall be readmitted to active practice. Feb 7 2012 9:47AM PR 06-0544 Petition for Reinstatement
Order - the request to file an out-of-time appeal is DENIED; however, Brown may file a notice of appeal by 2/17/12 and the Clerk will accept it for filing with a date of 12/27/11. Civil Handbook sent with order. Feb 7 2012 8:59AM DA 11-0767 State v. Gweynn Brown
Order - Respond to Pleading and waiver of filing fee granted Feb 6 2012 3:56PM OP 12-0062 Tirey v. 4th Judicial District
Order - Respond to Pleading - leave to proceed without paying filing fee is GRANTED; Hon. Lounden, or his designee, is granted 30 days to file a response to the petition. Feb 6 2012 2:26PM OP 11-0782 Chowdhury v. Missoula
Order - Upon payment of appropriate fees, JASON KREBS shall be admitted to active practice. Feb 6 2012 2:17PM PR 12-0029 PETITION TO INACTIVE/ACTIVE STATUS
Order - petitioner's petition for writ of habeas corpus and exhibits are to be filed under seal. Feb 6 2012 1:30PM OP 12-0081 Demers v. Ferriter
Extension - Grant of Extension - Appellee is granted until 3/8/12 to file its brief. Feb 6 2012 11:33AM DA 11-0087 Longjaw v. State
Order - Grant - Extension of Time - Appellant is granted until 2/18/12 to file his reply brief; the Clerk of DC is directed to transmit all trial exhibits to the Clerk of this Court by 2/11/12. Feb 3 2012 3:20PM DA 11-0321 In Re the Marriage of Lewton
Mediation - Order Appointing Mediator (Jerry Schuster) Feb 3 2012 3:19PM DA 12-0024 Estate of Iris Anderson Burcham
Order - Grant - Extension of Time - Appellant is granted until 3/9/12 to file the opening brief. Feb 3 2012 3:14PM DA 11-0411 State v. Joshua M. Saksa
Extension - Grant of Extension - Appellant is given until 3/2/12 to file the opening brief. Feb 3 2012 2:53PM DA 11-0698 Johnson and Walak
Mediation - Order Appointing Mediator (Kevin Sweeney) Feb 3 2012 10:52AM DA 12-0021 Guio-Diaz v. Small
Mediation - Order Appointing Mediator (Robert Erickson) Feb 3 2012 10:35AM DA 12-0017 Horn vs. Bull River, et al.
Extension - Grant of Extension - Appellee is given until 3/2/12 to file its brief. Feb 3 2012 10:31AM DA 11-0472 State v. Young
Extension - Grant of Extension - Appellant is given until 3/9/12 to file the reply brief. Feb 3 2012 10:18AM DA 11-0718 State v. Michael Kraft
Extension - Grant of Extension - Appellants are given until 3/5/12 to file their opening brief. Feb 3 2012 9:21AM DA 11-0670 Lucas et al. v. Dept. of Revenue
Mediation - Order Appointing Mediator (J. Dwaine Roybal) Feb 2 2012 4:55PM DA 12-0010 Northern Cheyenne Tribe vs. Roman Catholic Church
Order - Weller's Appellant's Brief is accepted as filed; the time for state's briefing shall run from the date of this order. Feb 2 2012 4:38PM DA 11-0587 Weller v. State
Mediation - Order Appointing Mediator (Dorothea Boniello) Feb 2 2012 3:50PM DA 12-0012 Heitz v. Whittett
Order - Classified - Five Justice Panel Feb 2 2012 12:46PM DA 11-0418 Ulrigg v. State
Order - Classified - Five Justice Panel Feb 2 2012 12:32PM DA 11-0449 Jeffrey Rapp v. Schlauch Bottcher Constrution
Order - Classified - Five Justice Panel Feb 2 2012 12:28PM DA 11-0556 Arlington v. Miller's Trucking
Order - Classified - Five Justice Panel Feb 2 2012 12:24PM DA 11-0574 State v. Brandon Burns (DC 99-0351)
Order - Appellant GRANT of Extension of Time until 3/6/2012 to file opening brief. Feb 2 2012 12:14PM DA 11-0356 State v. Wing
Order - Respond to Anders Motion to Withdraw as Counsel Feb 2 2012 11:48AM DA 11-0640 State v. Aurora Swafford
Order - Respond to Anders Motion to Withdraw as Counsel Feb 2 2012 11:42AM DA 11-0637 State v. Beckles
Order - Grant - Extension of Time - Appellee is granted until 2/22/12 to file its brief. Feb 2 2012 11:38AM DA 11-0493 Michael Miller v. State
Order - Grant - Extension of Time - Appellant is granted until 3/2/12 to file the opening brief. Feb 2 2012 11:31AM DA 11-0499 State v. Myran
Extension - Grant of Extension - Appellee is granted until 3/5/12 to file its brief. Feb 2 2012 11:28AM DA 11-0395 State v. Daniel Paulsrud
Extension - Grant of Extension - Appellants are given until 3/7/12 to file the opening brief. Feb 2 2012 11:23AM DA 11-0739 Brown & Brown v. Raty
Extension - Grant of Extension - Appellees Eastern Radiological Associates and Anne Guilian, M.D., are given until 3/7/12 to file their brief. Feb 2 2012 11:07AM DA 11-0618 Beehler v. Eastern Radiological
Order - the motion for appointment of counsel is GRANTED. OAD shall have 30 days to either file a notice of appearance or a motion to rescind. Feb 2 2012 8:46AM DA 11-0134 State v. Whalen
Order - Deny-Petition for Rehearing Feb 1 2012 3:53PM OP 11-0562 Timothy Whalen v. Green
Order - Respond to Pleading. 1st Jud. Distr. Court and or Defendant Temple are granted 20 days to respond to petition for writ of supervisory control Feb 1 2012 3:48PM OP 12-0044 State v. Hon. James P. Reynolds
Order - Classified - Oral Argument - Wednesday, March 14, 2012 at 9:30 a.m. Feb 1 2012 3:44PM OP 11-0558 Redding v. Montana 1st Jud. District Court
Order - Final Disposition: Deny. Motion to waiver filing fee is granted, petition for writ of habeas corpus is denied Feb 1 2012 3:38PM OP 11-0754 Finley v. Christopher
Order - the motion to strike is DENIED. Feb 1 2012 2:44PM DA 11-0420 Hurly v. Lake Cabin Dev. and Bowden
Order - Deficiencies-Brief - briefs returned to Appellee Feb 1 2012 2:16PM DA 11-0427 Ford v. Sentry Casualty Co.
Extension - Grant of Extension - Appellant is given until 3/5/12 to file the reply brief. Feb 1 2012 10:08AM DA 11-0315 State v. Evans
Extension - Grant of Extension - Appellee is granted until 2/29/12 to file its brief. Feb 1 2012 9:44AM DA 11-0482 State v. Scott Adams
Extension - Grant of Extension - Appellee is granted until 2/29/12 to file its brief. Feb 1 2012 9:44AM DA 11-0484 State v. Scott Adams
Extension - Grant of Extension - Appellee is granted until 2/29/12 to file its brief. Feb 1 2012 9:44AM DA 11-0487 State v. Scott Adams
Order - Grant - Extension of Time until March 9, 2012, to file Meske's opening Brief Jan 31 2012 4:58PM DA 11-0573 Sanders v. Alpha Products International
Order - Grant - Extension of Time until March 5, 2012, to file Appellant's opening brief. Jan 31 2012 4:48PM DA 11-0653 In re. the Marriage of Tipton and Gulley
Order - Final Disposition: Deny Jan 31 2012 4:46PM OP 12-0043 Dolan v. Hon. Holly Brown
Order - Final Disposition: Deny Jan 31 2012 3:59PM OP 11-0646 Whalen v. Ferriter
Order - counsel's motion to withdraw is GRANTED and this appeal is DISMISSED. Jan 31 2012 2:58PM DA 11-0456 State v. Finley
Order - the Court will consider and decide the motion for attorney fees and costs in conjunction with its consideration of the merits of this appeal. Jan 31 2012 2:49PM DA 11-0565 DeVoe v. City of Missoula et al
Order - Mary's appeal is DISMISSED without prejudice. Jan 31 2012 2:34PM DA 11-0761 Marriage of Wilson
Order - Grant-Proceed Without Pay Jan 31 2012 2:27PM DA 12-0031 Varano v. Hicks
Order - Grant-Proceed Without Pay Jan 31 2012 1:50PM DA 12-0018 Gopher v. 20th Judicial District Court
Order - Deny-Petition for Rehearing. Jan 31 2012 1:29PM OP 11-0553 John Lance v. Fourth Jud. Dist.
Extension - Grant of Extension - Appellant is given until 3/19/12 to file the opening brief. Jan 31 2012 12:02PM DA 11-0720 State v. Phyllis Jamison
Order - Final Disposition: Dismiss with prejudice - Not Stipulated, Entire Case Jan 31 2012 11:51AM DA 11-0093 Marriage of Kucera
Order - Final Disposition: Dismiss without prejudice- Not Stipulated, Entire Case Jan 31 2012 11:41AM DA 12-0023 Johnston et al v. Centennial Log Homes et al
Order - the motion for substutition of counsel is DENIED. Jan 31 2012 11:37AM DA 11-0414 State v. Leyva
Order - Deficiencies-Brief - M.R.App.P. 10(2) reservice on all counsel of record, 10 days to sesrve on Marta Farmer Jan 31 2012 11:27AM DA 11-0559 State v. Delaine and Malisa Fitzpatrick
Extension - Grant of Extension - Appellant is given until 3/7/12 to file opening brief. Jan 31 2012 9:56AM DA 11-0692 State v. Lundberg
Extension - Grant of Extension - Appellant is given until 2/20/12 to file the opening brief. Jan 31 2012 9:15AM DA 11-0653 In re. the Marriage of Tipton and Gulley
Extension - Grant of Extension - Appellants are given until 2/24/12 to file the reply brief. Jan 31 2012 9:11AM DA 11-0413 Rebecca Mattson, et al. v. Montana Power Co., et al.
Order - Rule Change - conforming forms with October 1, 2011 changes to Rules of Civil and Appellate Procedure Jan 31 2012 9:10AM AF 07-0157 IN THE MATTER OF THE MONTANA RULES OF CIVIL PROCEDURE
Order - this appeal is DISMISSED with prejudice. Jan 30 2012 4:37PM DA 11-0579 State v. Lobato
Order - Grant - Extension of Time - Appellant is granted until 3/7/12 to file the opening brief. Jan 30 2012 4:27PM DA 11-0645 State v. Lozon
Complaint - Formal Complaint and Citation to Appear (Brandon C. Hartford). Jan 30 2012 3:42PM PR 12-0068 Matter of Brandon C. Hartford
Complaint - Formal Complaint and Citation to Appear (Brandon C. Hartford). Jan 30 2012 3:42PM PR 12-0068 Matter of Brandon C. Hartford
Complaint - Formal Complaint and Citation to Appear (Solomon S. Neuhardt). Jan 30 2012 3:15PM PR 12-0066 Matter of Solomon S. Neuhardt
Complaint - Formal Complaint and Citation to Appear (Solomon S. Neuhardt). Jan 30 2012 3:15PM PR 12-0066 Matter of Solomon S. Neuhardt
Complaint - Formal Complaint and Citation to Appear (J. Gregory Tomicich). Jan 30 2012 2:52PM PR 12-0064 Matter of J. Gregory Tomicich
Complaint - Formal Complaint and Citation to Appear (J. Gregory Tomicich). Jan 30 2012 2:52PM PR 12-0064 Matter of J. Gregory Tomicich
Extension - Grant of Extension - Appellant is given until 3/19/12 to file the opening brief. Jan 30 2012 2:41PM DA 11-0721 Richards v. County of Missoula
Order - Grant - Extension of Time - Appellant is granted until 3/12/12 to file her reply brief. Jan 30 2012 1:49PM DA 11-0320 Estate of Du Lac
Extension - Grant of Extension - Appellant is given until 3/5/12 to file the opening brief. Jan 30 2012 1:48PM DA 11-0694 State v. Sisneros
Extension - Grant of Extension - Appellant is given until 3/7/12 to file the opening brief. Jan 30 2012 1:45PM DA 11-0630 State v. Bekemans
Order - Grant - Extension of Time - Appellant is granted until 3/5/12 to file the opening brief. Jan 30 2012 8:44AM DA 11-0517 State v. Laurie Corbino
Order - Grant - Extension of Time - Appellee is granted until 2/27/12 to file the opeing brief. Jan 27 2012 4:22PM DA 11-0633 State v. Hussar
Order - Grant - Extension of Time - Appellee is granted until 2/27/12 to file its brief. Jan 27 2012 2:13PM DA 11-0577 Dan Burns v. State
Order - Grant - Extension of Time - Appellant is granted until 3/2/12 to file the opening brief. Jan 27 2012 2:05PM DA 11-0547 State v. Richard Peart
Order - Respond to Anders Motion to Withdraw as Counsel - Appellant is granted 30 days to respond. Jan 27 2012 1:37PM DA 11-0447 State v. Jones
Extension - Grant of Extension - Appellee St. Vincent Healthcare is given until 3/7/12 to file its brief. Jan 27 2012 1:19PM DA 11-0618 Beehler v. Eastern Radiological
Extension - Grant of Extension - Appellant is given until 3/2/12 to file the opening brief. Jan 27 2012 11:30AM DA 11-0688 Markwald v. Zoanni
Extension - Grant of Extension until February 27, 2012, to file Appellee's Brief. Jan 26 2012 4:58PM DA 11-0336 City of Whitefish v. Ralph Jentile
Extension - Grant of Extension until February 29, 2012, to file Appellee's Brief. Jan 26 2012 4:53PM DA 11-0373 Bomar v. State of MT
Order - Final Disposition: Dismiss - Voluntary or Stipulated. Jan 26 2012 4:42PM DA 11-0590 State v. McDonald
Order - Grant - Extension of Time - Appellant is granted until 3/5/12 to file the reply brief. Jan 26 2012 4:35PM DA 11-0155 State v. Burgad
Order - Grant - Extension of Time - Appellee is granted until 3/1/2012 to file her brief. Jan 26 2012 4:21PM DA 11-0430 Marriage of Wilson
Extension - Grant of Extension - Appellant is given until 2/7/12 to file the reply brief. Jan 26 2012 3:30PM DA 11-0438 Tana Blackmore v. Marvin Dunster
Extension - Grant of Extension - Appellee and Cross-Appellant is given until 2/24/12 to file her reply brief. Jan 26 2012 3:22PM DA 11-0237 Marriage of Kelleher
Extension - Grant of Extension - Appellants Weinberg and McGrew are given until 2/28/12 to file their opening brief. Jan 26 2012 3:18PM DA 11-0690 Whitefish v. Flathead Co.
Extension - Grant of Extension - Appellant is given until 2/27/12 to file the opening brief. Jan 26 2012 3:14PM DA 11-0678 Turner, et al. v. Wells Fargo
Complaint - Formal Complaint and Citation to Appear Jan 26 2012 2:14PM PR 12-0059 Matter of Stephen H. Dalby
Complaint - Formal Complaint and Citation to Appear Jan 26 2012 2:14PM PR 12-0059 Matter of Stephen H. Dalby
Order - Appellee GRANT of Extension of Time until 3/5/2012 to file response brief. Jan 26 2012 12:26PM DA 11-0165 State v. Bobby Cooksey
Order - Deficiencies-Brief - within 10 days appellant shall file a copy of the decision being appealed from and serve a copy on all parties. Subsequent briefing shall fun from the date of filing the document. Jan 26 2012 10:28AM DA 11-0587 Weller v. State
Order - Deficiencies-Brief - within 10 days appellant shall file a copy of the decision being appealed from and serve a copy on all parties. Subsequent briefing shall fun from the date of filing the document. Jan 26 2012 10:06AM DA 11-0625 Sees the Ground v. State
Extension - Grant of Extension - Appellant is given until 2/10/12 to file the reply brief. Jan 25 2012 3:53PM DA 11-0537 Wildlife Federation v. Board of Oil & Gas
Order - Classified - Five Justice Panel Jan 25 2012 3:52PM DA 11-0445 Kichnet v. Butte-Silver Bow County et al
Order - Classified - Five Justice Panel Jan 25 2012 3:04PM DA 11-0284 State v. Moore
Order - Classified - Five Justice Panel Jan 25 2012 2:21PM DA 11-0420 Hurly v. Lake Cabin Dev. and Bowden
Order - Classified - Five Justice Panel Jan 25 2012 2:12PM DA 11-0521 Pederson v. Rocky Mountain Bank
Order - Classified - Five Justice Panel Jan 25 2012 2:03PM DA 11-0563 Rohrer v. Pondera County Canal
Order - Classified - Five Justice Panel Jan 25 2012 2:00PM DA 11-0261 State v. Weer
Order - Classified - Five Justice Panel Jan 25 2012 1:54PM DA 11-0532 Lewis Price v. State
Order - Classified - En Banc Jan 25 2012 1:49PM DA 11-0243 State v. Jimmy Booth, Jr.
Complaint - Formal Complaint and Citation to Appear Jan 25 2012 1:45PM PR 12-0058 Matter of Fausto G. Turrin
Complaint - Formal Complaint and Citation to Appear Jan 25 2012 1:45PM PR 12-0058 Matter of Fausto G. Turrin
Order - Classified - Five Justice Panel Jan 25 2012 12:23PM DA 11-0304 State v. Anders
Mediation - Order Appointing Mediator (Mary De Nevi) Jan 25 2012 11:45AM DA 12-0006 In re. Marriage of Johnson