Disaster Relief to States and Cities Is Both Right and Good: Part 1 of 2

NEIL H. BUCHANAN

In this first of a series of columns about federal relief to state and local governments, UF Levin College of Law professor and economist Neil H. Buchanan provides the economic background to explain how unprecedented these times are and argues that supporting cities and states is essential to surviving this crisis.

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State v. Vegas

Citation: 2020 MT 121

Opinion Date: May 12, 2020

Judge: Edward F. Shea

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction and sentence for criminal possession of dangerous drugs, a felony, holding that the district court did not err by denying Defendant's motion to suppress evidence obtained from a warrantless search. On appeal, Defendant conceded that probable cause existed for law enforcement's entry into his hotel room but argued that the agents' warrantless entry was not justified because no exigent circumstances existed. The district court relied on specific and articulable facts from the agents that prompt action was necessary to prevent the probable destruction of drug evidence. The Supreme Court affirmed, holding that the district court did not err in determining that exigent circumstances existed justifying the agents' warrantless entry into Defendant's hotel rooms.

In re Parenting of D.C.N.H.

Citation: 2020 MT 119

Opinion Date: May 12, 2020

Judge: Beth Baker

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the district court adopting in full a standing master's findings of fact, conclusions of law, and order amending a parenting plan to direct a fifty-fifty division of parenting time for the parties' minor child, holding that the district court did not abuse its discretion and that there was no clear error in the standing master's findings. The district court adopted a permanent parenting plan in 2014 granting Mother primary residential custody and Father approximately eight days of parenting time per month. In 2017, Father moved to amend the parenting plan asking the district court to grant him primary custody. The standing master concluded that amending the parenting plan was necessary and ordered the parties to parent the child on a week on week off basis. The Supreme Court affirmed, holding (1) Father failed to preserve his challenges to the district court's appointment of the standing master; (2) there was no clear error or mistake of law in the standing master's findings and conclusions; and (3) the district court did not abuse its discretion in affirming the standing master's findings of fact, conclusions of law, and order amending the parenting plan.

Wingfield v. Department of Public Health & Human Services

Citation: 2020 MT 120

Opinion Date: May 12, 2020

Judge: Shea

Areas of Law: Government & Administrative Law, Health Law

The Supreme Court affirmed the order of the district court granting the Montana Department of Public Health and Human Services' (DPHHS) motion for judgment on the pleadings, holding that the district court did not err in concluding that guardians had the authority to decide whether their wards would return to the At Home Assisted Living and At Home Also (collectively, At Home) facility. In 2017, the DPHHS suspended At Home's license for noncompliance with certain DPHHS rules and regulations and required the At Home residents to be relocated. After DPHHS reinstated At Home's license, some relocated residents who were wards with guardians appointed by DPHHS Adult Protection Services indicated their desire to return to the facility. The APS guardians refused to allow their wards to return. At Home and its owners sued DPHHS alleging intentional interference. The district court granted judgment on the pleadings for DPHHS. The Supreme Court affirmed, holding that the district court did not err in determining that the guardians had the authority to determine where the wards would reside and in thus granting judgment on the pleadings.