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…]
Archives for 2009
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…]
DUI, authority to arrest, LEA training
DUI: Requirement of LEA training within 1 year of appointment not applicable to deputy who made arrest within 1-year period… deputy was peace officer, not reserve officer, authorized to arrest without direct supervision… particularized suspicion supported by totality of [Read more…]
$146,670 verdict, house footing drainage
VERDICT: $146,670, house contractor/vendor and settled subdivision developer negligent as matter of law as to water entering crawl space, excavator found negligent by jury, contractor 53%, excavator 24%, developer 23%… defense verdict for contractor and excavator on [Read more…]
Settlements
Plan I
Aaron Wilcox, hand, 1/06, total, $135,000, Russell Plath
Lillian Swihart, low back, 6/05, $15,500, Robert Whelan [Read more…]
Insurance, defend/indemnify, facts v. complaint
INSURANCE: Insurer may not ignore facts that may give rise to coverage simply because complaint fails to recite… insurer required to defend, and, under subcontractor exception to exclusion for “covered work,” indemnify against subcontractor-caused damage in environmental toilet suit… Salvagni reversed. [Read more…]
Marital, inheritance, separate businesses
MARITAL: Some of husband’s inheritance properly included in estate… wife’s separation condo properly excluded… each properly awarded own businesses… reopen for redirect/rebuttal properly denied… McCarter affirmed. [Read more…]
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