What Else Might Senate Republicans Have Done, Given That They’re Too Scared to Do the Right Thing?

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan considers whether there is anything Senate Republicans might have done, instead of outright acquitting President Trump, to maintain the role of Congress as a coequal branch with the Executive. Buchanan proposes that under the text of the impeachment clauses, those Republican senators could have voted for removal—the necessary result of finding wrongdoing—but permitted Trump to run again in the election later this year.

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State v. Cherry

Citation: 2020 MT 25

Opinion Date: February 4, 2020

Judge: Mike McGrath

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court affirming a justice court verdict finding Appellant guilty of failure to obtain landowner permission for hunting, holding the district court correctly affirmed Appellant's conviction. Specifically, the Supreme Court held (1) under Mont. Code Ann. 87-6-415, the justice court and the district court did not err when they declined to adopt Appellant's argument that "hunting" and "taking or attempting to take" a game animal are separate, distinct actions that the State has the burden of proving; and (2) the justice court did not abuse its discretion by allowing the State to submit its jury instructions after the deadline.

State v. Running Wolf

Citation: 2020 MT 24

Opinion Date: February 4, 2020

Judge: Laurie McKinnon

Areas of Law: Criminal Law

The Supreme Court affirmed in part and reversed in part Appellant's designation as a persistent felony offender (PFO) and corresponding enhanced sentence, holding that Appellant was improperly sentenced as a PFO. Because a fourth or subsequent driving under the influence (DUI) offense constitutes a felony under Montana law, the State charged Appellant's fourth and fifth DUI offenses, committed in 2015, as felonies. Before Appellant was convicted of either felony offense, the State gave notice of its intent to seek PFO designation for Appellant. In 2017, approximately two weeks after a new law took effect changing the definition of a PFO, Appellant pleaded guilty to both felony DUIs. Appellant argued that the 2015 PFO statute no longer applied and that he did not satisfy the requirements necessary to trigger PFO status under the new definition. The district court concluded that the 2015 PFO statute applied and designated Appellant a PFO. The Supreme Court reversed in part, holding that the district court (1) properly applied the 2015 version of the PFO statute at Appellant's sentencing hearing; but (2) erred in sentencing Appellant as a PFO because Mont. Code Ann. 46-18-501 expressly requires the existence of a felony conviction before the commission of the principal offense to effectuate a valid PFO designation.

Barrett, Inc. v. City of Red Lodge

Citation: 2020 MT 26

Opinion Date: February 4, 2020

Judge: James A. Rice

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the summary judgment in favor of Collaborative Design Architects, Inc. (CDA) declaring that a prescriptive easement had been acquired over Barrett, Inc.'s property for the Red Lodge High School's secondary access route, holding that the district court did not err in concluding that the City of Red Lodge and the Red Lodge School District established a prescriptive easement. After a survey of its property revealed that an access road to the high school encroached upon its property, Barrett initiated this action against the city and the school district, alleging inverse condemnation, negligence, and state constitutional violations. CDA moved for summary judgment, contending that the city and school district acquired a prescriptive easement across the property. The district court granted the motion. The Supreme Court affirmed, holding that CDA was entitled to judgment as a matter of law upon establishing all of the elements of a prescriptive easement.