LIBEL/MALICIOUS PROSECUTION: Complaints against appraiser privileged communications made in official proceeding authorized by law and to proper authorities, immune from libel claim, summary judgment rather than jury determination proper… malicious prosecution claim [Read more…]
Archives for April 2009
Estate dissipation, daughter/elderly mother, fees
ESTATE DISSIPATION: Daughter/husband exercised undue influence over aged mother to “plunder” what should have been half-million-dollar estate… constructive trust properly imposed on property… daughter/husband converted real property… equitable fees properly awarded siblings… Harkin affirmed. [Read more…]
Statute of limitations, equitable tolling
STATUTE OF LIMITATIONS: Equitable tolling appropriate for suit over Reservation MVA between member and non-member filed first in Tribal Court, then filed in District Court more than 3 years after MVA out of concern for jurisdictional challenge… information outside complaint about [Read more…]
Work comp, hip replacement causation, penalty
WORK COMP: Claimant established hip replacement directly caused by injury which aggravated degenerative condition, no need to determine liability on medicals-reserved settlement terms… fees/costs/penalty properly awarded… Shea affirmed (other grounds). [Read more…]
Guardianship, permanent full v. limited
GUARDIANSHIP: Permanent full guardian appropriate (not limited)… Lympus affirmed (IOR 3(d)(v)). [Read more…]
Mental commitment, ineffective assistance
MENTAL COMMITMENT: Presumption of ineffective assistance by waiving right of uncooperative client to adjudicatory hearing, stipulating to commitment, rebutted by facts/circumstances of entire case… Prezeau affirmed. [Read more…]
Parental interest, same-sex, therapy notes/video
PARENTAL INTEREST: Judge had post-notice-of-appeal jurisdiction to enter TPO blocking access to children’s therapy notes/videos on motion of GAL since it is not directly related to same-sex custody/property [Read more…]
Attempted rape, treatment disclosures
ATTEMPTED RAPE: State did not breach plea agreement by noting dismissed charge of sexual abuse of children… 5th-Amendment not violated by considering acts which Defendant reported while in sex treatment as condition of youth court consent decree (classic plea [Read more…]
Right to be present, chambers conferences
RIGHT TO BE PRESENT: Rape Defendant not prejudiced by absence from 11 chambers conferences… Phillips affirmed.
Chester Price was convicted of rape of his niece CW, 14. Price (Mont. 2003) [Read more…]
DUI, running license plate, registered owner
DUI: Running exposed plate not a search, no reason to believe driver was not owner… motion to suppress denied… felony DUI affirmed… Gustafson affirmed. [Read more…]
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