Justia Constitutional Law Opinion Summaries

A group of 16 youths sued the State of Montana, the Governor, and multiple state agencies, alleging that the State's actions exacerbated the harm they were experiencing from climate change. They sought declaratory and injunctive relief, specifically challenging certain provisions of Montana's State Energy Policy Act and the Montana Environmental Policy Act (MEPA) as unconstitutional. The plaintiffs argued that these provisions violated their constitutional right to a clean and healthful environment by promoting fossil fuel development and prohibiting the consideration of greenhouse gas (GHG) emissions in environmental reviews.The First Judicial District Court found in favor of the plaintiffs, declaring the challenged provisions unconstitutional and enjoining the State from acting in accordance with them. The court concluded that the right to a clean and healthful environment includes a stable climate system and that the MEPA Limitation violated this right. The court also denied the State's motion for psychiatric examinations of the plaintiffs, finding no good cause for such examinations.The Supreme Court of the State of Montana affirmed the District Court's decision. The court held that the right to a clean and healthful environment under the Montana Constitution includes a stable climate system. The court found that the plaintiffs had standing to challenge the MEPA Limitation, as it infringed on their constitutional rights. The court also held that the MEPA Limitation was unconstitutional because it arbitrarily excluded GHG emissions from environmental reviews, thereby violating the plaintiffs' right to a clean and healthful environment. The court affirmed the permanent injunction against the State from acting in accordance with the unconstitutional provisions. View "Held v. State" on Justia Law

In 2021, the Montana Legislature passed House Bill 407 (HB 407), which preempted local ordinances, resolutions, initiatives, or referendums regulating the use, sale, or taxation of certain containers, including single-use plastics. Bozeman, which adopted a self-government charter in 2000, was affected by this bill. In 2023, a member of the Cottonwood Environmental Law Center submitted a local ballot initiative to regulate single-use plastics in Bozeman. The Gallatin County Election Administrator rejected the petition, citing the prohibition under § 7-5-131(2)(f), MCA. Cottonwood and other plaintiffs filed a complaint challenging the constitutionality of HB 407.The First Judicial District Court granted Cottonwood's motion for partial summary judgment, finding § 7-5-131(2)(f), MCA, unconstitutional under Article XI, Section 8, of the Montana Constitution. The court certified its order as final, allowing the initiative to be placed on the 2024 general election ballot, where it passed.The Supreme Court of the State of Montana reviewed the case. The court held that the Legislature may place limits on the powers of local government, including the power of local initiatives, as long as these limits do not infringe on other constitutional rights. The court found that § 7-1-111(21), MCA, which prohibits local government units with self-government powers from regulating auxiliary containers, is constitutional. Consequently, the court reversed the District Court's decision, holding that § 7-5-131(2)(f), MCA, is not facially unconstitutional under Article XI, Section 8, of the Montana Constitution. View "Cottonwood v. State" on Justia Law

Heather Rose Johnson was convicted of assault on a peace officer, driving under the influence, driving while suspended or revoked, and expired registration after a jury trial. The incident occurred on January 24, 2021, when Johnson, after drinking beer with a friend, drove to a gas station and was reported by a 911 caller for appearing intoxicated. Ravalli County Sheriff’s Office Sergeant Clarence Jessop stopped Johnson’s vehicle, observed signs of intoxication, and arrested her. During the arrest, Johnson kicked Sergeant Jessop, leading to the assault charge.The Twenty-First Judicial District Court, Ravalli County, admitted the 911 call in its entirety over Johnson’s hearsay objections. Johnson was convicted on all charges and sentenced. The court’s written judgment included an “Audit Hearing” condition not mentioned in the oral pronouncement of the sentence.The Supreme Court of the State of Montana reviewed the case. The court determined that the admission of the 911 call violated Johnson’s confrontation rights under the U.S. and Montana Constitutions because the caller’s statements that Johnson was intoxicated and about to commit DUI were testimonial. However, the court found this error to be harmless beyond a reasonable doubt due to the overwhelming evidence against Johnson, including video footage and testimony from law enforcement officers.The court affirmed Johnson’s convictions but remanded the case to the District Court to strike the “Audit Hearing” condition from the written judgment, as it conflicted with the oral pronouncement of the sentence. View "State v. H. Johnson" on Justia Law

In January 2016, the State of Montana charged Lavodrick Terelle Hogues with felony aggravated promotion of prostitution involving a 17-year-old female, Jane Doe. The charge stemmed from an undercover operation where officers discovered Doe and another woman, Phylicia Zubia, offering escort services online. Evidence linked Hogues to the operation through phone records, MoneyGram transfers, and other communications.The Thirteenth Judicial District Court of Yellowstone County handled the initial proceedings. Hogues faced multiple delays due to changes in legal representation and his own absconding. He eventually requested to represent himself, which the court granted four days before trial. The court also allowed Jane Doe to testify via remote video due to travel burdens and pandemic concerns, despite Hogues' objections.The Montana Supreme Court reviewed the case. It affirmed the lower court's decision to allow Hogues to represent himself, finding that he had made a voluntary, knowing, and intelligent waiver of his right to counsel. However, the court reversed the decision to admit Jane Doe's remote testimony. The court held that the State failed to demonstrate that her in-person testimony was impracticable or that remote testimony was necessary to further an important public policy. The court emphasized the importance of face-to-face confrontation under the Sixth Amendment and Montana Constitution.The Montana Supreme Court concluded that the denial of Hogues' right to face-to-face confrontation was not harmless error, given Jane Doe's critical role as the alleged victim. Consequently, the court reversed Hogues' conviction and remanded the case for a new trial. View "State v. L. Hogues" on Justia Law

The Montana State Legislature passed Senate Bill 99 (SB 99) in 2023, which prohibits the use of medications and surgeries to treat gender dysphoria in minors. The bill aims to protect minors from receiving harmful, experimental treatments and imposes professional consequences on healthcare providers who violate its provisions. Plaintiffs, including a transgender minor receiving treatment banned by SB 99, their parents, and healthcare providers, filed a lawsuit seeking declaratory and injunctive relief, arguing that SB 99 violates their constitutional rights to privacy and equal protection.The District Court of the Fourth Judicial District granted a preliminary injunction, temporarily enjoining SB 99. The court found that the plaintiffs had standing to challenge the bill and demonstrated a likelihood of success on the merits of their privacy claim. The court applied the Armstrong standard, which protects an individual's right to obtain lawful medical procedures from licensed healthcare providers unless the state can demonstrate a bona fide health risk. The court concluded that the state did not clearly and convincingly show that the treatments proscribed by SB 99 posed such a risk.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the plaintiffs had established a prima facie case of a violation of their right to privacy and demonstrated a likelihood of irreparable harm if the injunction were not granted. The court also found that the balance of equities and public interest favored the plaintiffs, as the potential harm to minors with gender dysphoria outweighed the state's interests. The preliminary injunction was upheld, allowing the case to proceed to trial for a final determination on the constitutional issues. View "Cross v. State" on Justia Law

Nancy Jeanne Cahoon was pulled over on September 3, 2021, for expired vehicle registration. She was unable to produce her license, registration, or insurance information and indicated her license might be suspended. The state trooper confirmed her license was suspended and discovered a warrant for her arrest. The trooper noted items in the vehicle consistent with drug use and obtained Cahoon's consent to search the vehicle, finding methamphetamine and drug paraphernalia. Cahoon was arrested and charged with possession of methamphetamine, possession of drug paraphernalia, driving with a suspended license, and failure to have liability insurance.The Twenty-First Judicial District Court, Ravalli County, denied Cahoon's motion to suppress the evidence, arguing the stop was unconstitutionally prolonged. Cahoon failed to appear at the suppression hearing, and her counsel did not object to the court deciding the motion based on the briefs. The District Court concluded the stop was permissibly extended due to Cahoon's active warrant and denied the motion. Cahoon pled guilty without a plea agreement, reserving her right to appeal the denial of the motion to suppress.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The Court held that Cahoon failed to preserve her argument regarding her constitutional right to be present at the suppression hearing because it was not properly raised in the lower court. The Court noted that the District Court decided the motion based on the briefs without objection from Cahoon's counsel and that the record was insufficient to address Cahoon's constitutional claim on appeal. The Court affirmed the District Court's denial of the motion to suppress. View "State v. Cahoon" on Justia Law

Laura Marie Obert, a former Broadwater County Commissioner, was investigated by the Montana Department of Justice Division of Criminal Investigation (DCI) in 2015 for allegedly receiving unlawful overtime pay and potential ethics violations. In 2016, Obert entered a deferred prosecution agreement with the Assistant Attorney General, agreeing to repay the excess wages and abstain from voting on matters where she had a conflict of interest. In 2019, based on new allegations of violating the agreement, Obert was charged with felony theft and misdemeanor official misconduct. The district court dismissed these charges in 2021, finding Obert had complied with the agreement and there was insufficient evidence for the misconduct charge.Obert then sued the State of Montana and Broadwater County Attorney Cory Swanson, alleging breach of contract, bad faith, due process violations, and malicious prosecution. The First Judicial District Court dismissed her claims, leading to this appeal.The Montana Supreme Court reviewed the case and made several determinations. It reversed the lower court's dismissal of Obert's breach of contract and good faith and fair dealing claims, holding that these claims were not time-barred and did not accrue until the criminal charges were dismissed. However, the court affirmed the dismissal of Obert's bad faith claim, finding no special relationship existed between Obert and the State that would support such a claim. The court also upheld the dismissal of the malicious prosecution claim, ruling that Swanson was protected by prosecutorial immunity as he acted within his statutory duties. Lastly, the court affirmed the dismissal of the due process claim, concluding that Obert's procedural due process rights were not violated as the State followed proper procedures in charging her and the district court provided an appropriate forum to address the alleged breach of the agreement. View "Obert v State" on Justia Law

Wes Lee Whitaker was convicted by a jury of sexual intercourse without consent (SIWC), incest, and sexual assault. The case involved allegations that Whitaker sexually abused his stepdaughter, L.M., who was a young child at the time. The abuse was reported by L.M.'s mother, Jessica, after she observed suspicious behavior and L.M. disclosed inappropriate touching by Whitaker. L.M. provided detailed accounts of the abuse during a forensic interview and a medical examination, although she could not recall many details during the trial.The District Court of the Fourth Judicial District, Missoula County, presided over the trial. Whitaker raised several issues on appeal, including the admission of testimony via video from a federal prisoner, the admission of L.M.'s prior statements, and a claim of double jeopardy regarding his convictions for SIWC and sexual assault. The District Court allowed the video testimony due to COVID-19 concerns and admitted L.M.'s prior statements as inconsistent with her trial testimony.The Supreme Court of the State of Montana reviewed the case. The court held that the District Court did not violate Whitaker's confrontation rights by allowing the video testimony, as the decision was justified by the pandemic and the witness's incarceration status. The court also found no abuse of discretion in admitting L.M.'s prior statements, as her inability to recall details at trial constituted a material inconsistency. However, the court agreed with Whitaker and the State that his convictions for SIWC and sexual assault violated double jeopardy, as they were based on the same act. Consequently, the court reversed the sexual assault conviction and remanded for entry of an amended judgment, while affirming the other convictions. View "State v. Whitaker" on Justia Law

The case involves a challenge to two Montana laws, HB 544 and HB 862, and a rule adopted by the Montana Department of Public Health and Human Services (DPHHS) regarding Medicaid funding for abortions. The plaintiffs, including Planned Parenthood of Montana and other healthcare providers, argue that these provisions infringe on the constitutional rights of their patients by imposing restrictions on Medicaid coverage for abortions. Specifically, the laws and rule bar Medicaid from covering abortions provided by non-physicians, require prior authorization for abortion services, and limit Medicaid coverage to abortions deemed "medically necessary" under a restrictive definition.The First Judicial District Court of Lewis and Clark County issued a preliminary injunction to halt the enforcement of HB 544, HB 862, and the DPHHS rule. The court found that the plaintiffs were likely to succeed on the merits of their claims, which included violations of the right to privacy and equal protection under the Montana Constitution. The court applied strict scrutiny, determining that the laws and rule were not narrowly tailored to serve a compelling state interest. The court also found that the plaintiffs would suffer irreparable harm without the injunction and that the balance of equities and public interest favored granting the injunction.The Montana Supreme Court reviewed the case and affirmed the District Court's decision to grant the preliminary injunction. The Supreme Court agreed that the plaintiffs were likely to succeed on the merits, as the challenged provisions infringed on the fundamental right to privacy and equal protection. The court held that the state failed to demonstrate that the laws and rule were narrowly tailored to address a medically acknowledged, bona fide health risk. The Supreme Court also found that the plaintiffs would suffer irreparable harm without the injunction and that the balance of equities and public interest supported maintaining the injunction. View "Planned Parenthood v. State" on Justia Law

The case involves Montanans Against Irresponsible Densification, LLC (MAID), which challenged two laws passed by the 2023 Montana Legislature aimed at addressing affordable housing. Senate Bill 323 (SB 323) mandates that duplex housing be allowed in cities with at least 5,000 residents where single-family residences are permitted. Senate Bill 528 (SB 528) requires municipalities to allow at least one accessory dwelling unit on lots with single-family dwellings. MAID, consisting of homeowners from various cities, argued that these laws would negatively impact their property values and quality of life, and filed for declaratory and injunctive relief.The Eighteenth Judicial District Court in Gallatin County granted MAID a preliminary injunction, temporarily halting the implementation of the laws. The court found that MAID had standing and had demonstrated the likelihood of irreparable harm, success on the merits, and that the balance of equities and public interest favored the injunction. The court cited concerns about potential impacts on property values and neighborhood character, as well as constitutional issues related to public participation and equal protection.The Supreme Court of the State of Montana reviewed the case and reversed the District Court's decision. The Supreme Court found that MAID did not meet the burden of demonstrating all four factors required for a preliminary injunction. Specifically, the court held that MAID's evidence of potential harm was speculative and did not show a likelihood of irreparable injury. The court also noted that the balance of equities and public interest did not favor the injunction, given the legislative intent to address the housing crisis. The Supreme Court remanded the case for further proceedings. View "Montanans Against Irresponsible Densification, LLC, v. State" on Justia Law