MARITAL: Parenting plan issues mooted by child turning 18… decree improperly modified to require support absent motion for modification… McKittrick reversed. [Read more…]
Archives for 2009
Sexual assault, Schwarz minor consent to search
SEXUAL ASSAULT: Schwarz rule that children under 16 lack authority to consent to warrantless searches did not make exception for child victims… pajamas, bedding seized from minor’s room properly suppressed, underwear she was wearing at time of alleged assault [Read more…]
Deliberate homicide, custody, voluntary statements
DELIBERATE HOMICIDE: Defendant in “custody” when interrogated despite no physical restraint, but did not effectively stop questioning by statements during Miranda, continued voluntarily conversing, not entitled to suppression of statements under Miranda-Mosley or due [Read more…]
UEF 3rd-party indemnity
UEF’s request to file 3rd-party petition for indemnity against allegedly uninsured employers granted in light of HB 119 and employers’ due process rights.. Shea. [Read more…]
Settlements
Plan I
Jim Widner, bilateral CTS, 11/80, disputed, $85,000, stipulated judgment; Patrick Sheehy for Widner, Kelly Wills for MIGF
Nathan Hume, low back, 4/08, $39,895, Kevin Duff [Read more…]
Property partition, cohabitants
PROPERTY PARTITION: Equitable doctrines properly applied to divide residential property of cohabitants… parties correctly found to have equitable rights and ½ interest, not constructive trust to entirety by man or gift to entirety by woman… Haynes affirmed. [Read more…]
Marital, common law marriage
MARITAL: Informal vows in Washington, which does not recognize common law marriages, ripened into common law marriage in Montana… cases holding that common law marriage must come into being instantly overruled… post-trial discovery/testimony properly disallowed… wife’s contribution to increased value of ranch not properly evaluated… Hegel [Read more…]
Marital, custody modification
MARITAL: Insufficient changed circumstances to modify parenting plan 6 years later… fees properly awarded wife per parenting plan… husband’s home equity interest position properly rejected… Todd affirmed. [Read more…]
Aggravated assault, “purposely,” justifiable force
AGGRAVATED ASSAULT: No danger of erroneous application of “purposely” in instruction as to injury from screwdriver held by Defendant who claimed justifiable force… conviction affirmed… Prezeau affirmed. [Read more…]
Theft, juror challenge, ex-sheriff, small county
THEFT: Plain-error review denied as to failure to sua sponte declare mistrial or change venue because of comments by panelists as to ex-Sheriff Defendant in small county… challenge for cause properly denied… ineffective assistance claims more amenable to postconviction… [Read more…]
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