NEGLIGENCE: Not foreseeable to school that student who wrote “black humor” paper would deliberately run over jogger 17 months later intending necrophilia… not necessary to address custody/control relationship vis-à-vis misfeasance… Macek affirmed (other grounds). [Read more…]
Archives for May 2009
Prosecutorial immunity, revocation v. intervention
PROSECUTORIAL IMMUNITY: State not immune from contract/due process claims for revocation petition in breach of intervention agreement… liability for breach of contract determined by collateral estoppel… summary judgment properly denied on due process [Read more…]
Discovery, railyard contamination
DISCOVERY: Supervisory control of McCarter granted as to railyard contamination discovery… parties ordered to attempt to resolve parameters of discovery disputes involving other railyards vis-à-vis Helena yard, blanket protective order vacated, future protective orders may be issued upon showing of good cause… order. [Read more…]
Water, untimely permit processing
WATER: DNRC failed to uphold duty to process permit application within timeframes, but mandamus not available until applicant proves criteria satisfied, improperly issued… J. Brown reversed. [Read more…]
Subdivision, preliminary plat approval
SUBDIVISION: Commissioners’ approval of preliminary plat unlawful for failure to comply with statutory requirements… McNeil reversed. [Read more…]
Judge substitution rules revision
JUDGE SUBSTITUTION: Revisions proposed… order. [Read more…]
DUI, “view with distrust,” failure to video
DUI: No reason to view with distrust officer’s failure to video running of red light, officer’s testimony sufficient to establish particularized suspicion… “viewed with distrust” cases not extended to traffic stop, cases mooted by HB 534 (2009) requirement to record interrogations in felony cases… Simonton affirmed. [Read more…]
DUI, incapable of refusing BAC test
DUI: Officer reasonably believed accident victim incapable of refusing to have blood drawn at hospital… officer’s paramedic expertise not necessary… not necessary for investigation report to qualify as “expert” report… Fagg affirmed. [Read more…]
DUI, involuntary intoxication, mental state
DUI: Mental state not required to convict of absolute liability DUI, involuntary intoxication (spiked punch) instruction properly refused… Honzel affirmed. [Read more…]
Traffic, statute of limitations, misdemeanors
TRAFFIC: Statute of limitations for misdemeanors stemming from diabetic MVA death expired, no authority to order AG to pursue negligent homicide… 1-year statute for careless/reckless driving subsequently extended to 3 years by Legislature… Honzel affirmed (IOR I-3(d)(v)). [Read more…]
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