official misconduct, statute of limitations

91-435
IN THE SUPREME COURT OF THE STATE OF MONTANA
1992
STATE OF MONTANA,
-vs-
MONA LORRAINE HAMILTON,
The issue is whether the official misconduct charges brought
against Hamilton were based on a continuing course of conduct so
that they were not barred by the one-year statute of limitation for
misdemeanors.
We hold that the charges against Hamilton are subject to the
general one-year statute of limitation for misdemeanor offenses.
Assuming the truth of the allegations in the information
against Hamilton and the affidavit upon which it is based, every
element of each offense in Counts IV, VII, and IX occurred more
than one year prior to the filing of the information. The order of
the District Court dismissing Counts IV, VII, and IX is therefore
affirmed

No jurisdiction for offense on Indian Reservation

No. 99-356
IN THE SUPREME COURT OF THE STATE OF MONTANA
2000 MT 152
300 Mont. 115
4 P. 3d 1
STATE OF MONTANA
STATE OF MONTANA,
Petitioner and Appellant,
v.
JESSE EAGLE SPEAKER,
Whether the District Court erred in dismissing the Information for lack of jurisdiction?
We conclude that the offense of theft occurs for jurisdictional purposes where the
elements of that offense take place. From the Information and supporting affidavit, it is
clear that the State has alleged that Eagle Speaker exerted unauthorized control with the
intent to deprive within the exterior boundaries of the Blackfeet Reservation. Accordingly,
because Eagle Speaker allegedly committed theft on the Blackfeet Reservation, the
District Court was without jurisdiction to hear the State's charges.

Postponed restitution imposition improper

2002 MT 258
ROGER LARUE GILBERT,v.
STATE OF MONTANA,
1. Did the District Court err when it retained jurisdiction to revisit Gilbert’s parole restriction?
2. Did the District Court err when it postponed the consideration and imposition of restitution?
[W]e conclude that the District Court erred when it postponed consideration of restitution.