To Our Elected Representatives in Congress: The Framers Wouldn’t Be Surprised a President Attempted a Coup, Just Disappointed You Didn’t Stop It Sooner

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, pens an open letter to members of Congress, describing Wednesday’s insurrection by pro-Trump extremists as predicable (even predicted) to the Framers and calling upon Congress to impeach and convict the President. Professor Hamilton argues that Donald Trump is the embodiment of what the Framers expected from rulers: self-centered corruption, greed, and no care for the common good.

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In re Dickey

Citation: 2021 MT 3

Opinion Date: January 5, 2021

Judge: Mike McGrath

Areas of Law: Civil Procedure, Criminal Law

The Supreme Court affirmed the order of the district court vacating its prior order to expunge Justin Dickey's misdemeanor records, holding that the Montana Rules of Civil Procedure apply to proceedings brought under the Misdemeanor Expungement Clarification Act and that the district court properly determined that venue was not proper under Mont. Code Ann. 46-18-1105. Dickey filed a petition for expungement of his misdemeanor criminal records, referred only to "misdemeanor criminal record(s)" generally. The district court granted the petition. On reconsideration, the district court vacated its prior expungement order and dismissed the matter, determining that venue was improper. The Supreme Court affirmed, holding (1) the Rules of Civil Procedure apply to a proceeding brought under the Expungement Act; and (2) the district court did not err in determining that Dickey's prior speeding violation in Kalispell was insufficient to establish proper venue in the Eleventh Judicial District for expungement of misdemeanors under section 46-18-1105.

In re D.A.D.

Citation: 2021 MT 2

Opinion Date: January 5, 2021

Judge: Gustafson

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

The Supreme Court affirmed the district court's findings of fact, conclusions of law, and order terminating Mother's parental rights to her three children, holding that Mother's attorney did not provide ineffective assistance of counsel. At issue was whether counsel provided constitutionally ineffective assistance when he stipulated to the request of the Department of Public Health and Human Services, Child and Family Services Division that no reunification services be provided to Mother. The Supreme Court affirmed the district court's termination of Mother's parental rights, holding (1) Mother was not prejudiced by any alleged failure on her attorney's part to object to the Department's request not to provide reunification services; (2) the district court had grounds to terminate Mother's parental rights and made the findings necessary to support termination; and (3) the district court did not err in finding that termination would be in the children's best interests.

City of Missoula v. Pope

Citation: 2021 MT 4

Opinion Date: January 5, 2021

Judge: Beth Baker

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court affirming the order of the City of Missoula Municipal Court denying Appellant's motion to dismiss a petition to revoke sentence, holding that the district court correctly affirmed the municipal court's revocation of Appellant's suspended sentence. In 2017, the City filed a petition to revoke Appellant's sentence for Appellant's compliance violations. Appellant moved to dismiss the petition, arguing that the amendment to Mont. Code Ann. 46-18-2013 removed the municipal court's authority to revoke suspended sentences for compliance violations without first showing the probation office had exhausted all statutory alternatives. The municipal court denied the motion and revoked and reimposed Appellant's twelve-month suspended sentence, concluding that the 2017 changes to the statute do not apply to misdemeanors. The district court affirmed, holding (1) the 2017 amendments to section 46-18-2013 certain only to revocation of felony probation and parole; and (2) the municipal court acted within its authority when it revoked Appellant's suspended sentence for violating its terms and conditions.

State v. Felde

Citation: 2021 MT 1

Opinion Date: January 5, 2021

Judge: Beth Baker

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's three convictions for sexual abuse of children (possession of child pornography), holding that Mont. Code Ann. 46-11-410(2)(a) does not prohibit multiple convictions for possession of child pornography when the images were discovered on a single day on a single device. Defendant admitted to downloading several photos and videos depicting child pornography and pled guilty to four counts, reserving his right to appeal the district court's denial of his motion to dismiss as to three of the counts. The Supreme Court affirmed, holding that the district court properly concluded that Mont. Code Ann. 45-5-625(1)(e) allows conviction for each image of child pornography that Defendant possessed.