DUI: Compulsion defense properly rejected by driver who claimed passengers “carjacked him, forced him to drink and drive… McKinnon affirmed (IOR I-3(d)). [Read more…]
Archives for 2009
DUI, sleeping driver in bar lot
DUI: Particularized suspicion to check on vehicle with sleeping driver in closed bar lot ripened into probable cause to arrest… reinstatement of suspended license properly denied…. Fagg affirmed (IOR I-3(d)(v)). [Read more…]
MIP, meritorious but moot test challenge
MIP: Challenge of breath/urine testing imposed by JP meritorious but moot, postconviction petition denied… Jones affirmed (IOR I-3(d)(v)). [Read more…]
Plea withdrawal, animal cruelty, untimely motion
PLEA WITHDRAWAL of nolo plea to animal cruelty charges properly denied based on untimely motion (more than year after judgment), failure to establish actual innocence… Harris/Neill affirmed (IOR I-3(d)(v)). [Read more…]
Justice recusal, nominal participation as AG
JUSTICE RECUSAL: CJ not required to disqualify himself since he did not personally participate as AG in Defendant’s appeal… petition for rehearing denied… order. [Read more…]
Justice recusal, motion deemed denied
JUSTICE RECUSAL: Motion for recusal of CJ filed day after denial of rehearing deemed denied… CJ did not participate in rehearing decision… order. [Read more…]
Settlements
Plan I
No lawyer: Jeremy Phillips, low back, 09, disp, $1,000; Roger Marum, knee, 04, $28,664 [Read more…]
Product liability, child car seat, death
PRODUCT LIABILITY: Child safety seat maker’s invitation to adopt Restatement for admissibility of regulations as to liability for defective design declined, compliance with FMVSS “minimal standards” irrelevant to design defect claim… prior model substantially similar to death accident model, evidence as to recall/test failures of earlier model [Read more…]
Venue, multiple defendants
VENUE: Because no county proper for both defendants on all claims, Defendant not entitled to change venue from county where suit filed… Baugh reversed. [Read more…]
Arbitration, tobacco settlement dispute
ARBITRATION: Rehearing denied in ruling that arbitration not required for Montana claims in tobacco settlement dispute… order.
The Court 8/5/09 reversed Judge Honzel’s order granting tobacco [Read more…]
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