MEDICAL MALPRACTICE: Liability as sanction properly denied as to alleged violation of pretrial rulings… proposed instruction barring mother’s conduct in relation to pediatrician’s failure to timely address lack of daughter’s development properly denied… new trial properly denied following defense verdict… Baugh affirmed. [Read more…]
Archives for 2009
Work comp, fees, death benefits settlement
WORK COMP: Mother’s former attorney not entitled to fee on children’s death benefits after seeking benefits for mother as sole beneficiary and mother stipulated benefits to children… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Arbitration, tobacco settlement dispute
ARBITRATION not required for Montana claims in tobacco settlement dispute… Honzel reversed. [Read more…]
Highway contract, liquidated damages
HIGHWAY CONTRACT: $68,122 liquidated damages for 176 workdays over schedule ($387/day) by striping contractor not unconscionable… Sherlock affirmed. [Read more…]
Theft, pawned welder, knowledge of theft
THEFT: State not required to prove that pawner knew welder was stolen pursuant to §45-6-301(1)… H. Brown affirmed. [Read more…]
Drugs, probation evidence
DRUGS: Evidence of Defendant’s probation intervention hearing/sanctions improperly admitted without Just notice… possession conviction reversed, remanded for new trial… Fagg reversed. [Read more…]
Speedy trial, Ariegwe analysis, dismissal
SPEEDY TRIAL: Most of 432 days from arrest properly attributed to State… dismissal properly granted despite incomplete Ariegwe analysis, calculation errors… Fagg affirmed. [Read more…]
PFMA, victim’s motive, battered woman expert
PFMA: Evidence to prove victim’s motive and impeach her properly limited… “battered woman” expert properly allowed to testify generally as to dynamics of abusive relationships and why abused person might not seek help, even though no recantation… conviction affirmed… Carson/H. Brown affirmed. [Read more…]
DUI, slow driving/drifting
DUI: Totality of evidence, not just video, supports particularized suspicion for stop based on slow driving, drifting… McKeon affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, “physical restraint” enhancement
SENTENCING: “Physical restraint” enhancement properly applied to assault convictions… weapons enhancement properly applied to defendant who never held knife wielded by other defendant… Haddon affirmed. [Read more…]
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