CONSTRUCTION LIEN: Summary judgment precluded by fact issues as to whether driller breached contract by mislocated abandoned well even though second well completed per contract… Lympus reversed. [Read more…]
Archives for January 2009
Procedure, nursing home arbitration denial appeal
PROCEDURE: Appeal of judgment denying motion to compel arbitration of nursing home negligence claims untimely… order.
Doris Rowe’s family initiated Medical-Legal Panel proceedings following her [Read more…]
Venue, malicious prosecution, dismissed federal suit
VENUE of malicious prosecution suit properly in Missoula where underlying dismissed federal suit was filed, not Flathead where parties reside… Larson affirmed. [Read more…]
Oil/gas, right of entry, wrong notice address
OIL & GAS: Common law right of entry not abrogated by statutory notice requirement (notice sent to wrong address), forfeiture of lease not available absent breach of lease… no error to allow testimony after case-in-chief to verify information in complaint to which Defendant had [Read more…]
Marital, NC custody, retirement account taxes
MARITAL: Wife properly allowed custody in NC during school year rather than Bozeman as sought by husband… wife’s retirement properly valued at time of separation… tax implications of early withdrawal from wife’s retirement account for equitable distribution overlooked, remanded… post-decree interest not improper but may be re-visited on remand… J. Brown affirmed, reversed. [Read more…]
Aggravated assault, photos, victim’s pornography
AGGRAVATED ASSAULT: Photos of victim properly admitted to show serious injury… evidence of victim’s pornography to show justifiable force properly excluded… instruction on misdemeanor assault as lesser-included properly denied… Rice affirmed. [Read more…]
Aggravated assault, injury of infant v. accident
AGGRAVATED ASSAULT: Sufficient circumstantial evidence that Defendant purposely injured infant as opposed to “accident”… dismissal properly denied… McLean affirmed. [Read more…]
Search/seizure, child porn/slander letter informants
SEARCH & SEIZURE: Warrant to look for child pornography/slander letters supported by citizen informants, corroboration that suspect was registered sex offender and that one informant had helped distribute a slander letter… no abuse of discretion in no suppression hearing since application challenged on 4-corners and no showing of false statement, [Read more…]
Concealed weapon permit, discharged sex offender
CONCEALED WEAPON PERMIT properly denied discharged sex offender (resulting in denial of gun ownership)… certified question from Molloy.
Frank Van der hule pled guilty to sexual assault and 4 counts of rape and was sentenced 25 years imprisonment. He was paroled in 1993 and [Read more…]
Procedure/speedy trial, mental disease/defect
PROCEDURE/SPEEDY TRIAL: Regular appeal not available from not guilty by mental disease, but even if “appeal” treated as petition for writ, speedy trial claim not properly preserved. [Read more…]
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