Archives for 2009

Settlements

March 21, 2009 By lilly

Plan II

Christina Gwinn, low back, 9/07, $40,000, Jay Dufrechou

Shawna Sniff, upper extremities, 2/03, disputed additional claims following [Read more…]

Zoning, mini-stores denial, “reclaimed” application

March 14, 2009 By lilly

ZONING: Denial of mini-stores application analyzed for abuse of discretion, not substantive due process, equal protection… Commission did not abuse discretion in reclaiming application from planning office and denying application… Swandal affirmed. [Read more…]

Insurance, claims against town, contract v. tort

March 14, 2009 By lilly

INSURANCE: Claims in underlying suit by well driller against Town all grounded in contract, duty to defend/ indemnify precluded on contract exclusion… Rice affirmed. [Read more…]

Deliberate homicide, destroyed interview notes

March 14, 2009 By lilly

DELIBERATE HOMICIDE: Due process not violated by detective’s destruction of interview notes, failure to record… dismissal properly denied based on alleged failure to provide discovery… jailhouse witnesses properly allowed month before trial… “reverse 404(b) [Read more…]

Rape/search & seizure, consent, laptop/garage

March 14, 2009 By lilly

RAPE/SEXUAL ASSAULT/SEARCH & SEIZURE: Girlfriend properly consented to search of Defendant’s items in garage of house he shared which was rented only in her name… child pornography including images of sex with girlfriend’s daughter found on computer by federal warrant [Read more…]

PFMA/speedy trial, convoluted series of charges

March 14, 2009 By lilly

PFMA/SPEEDY TRIAL: District Court had felony jurisdiction over PFMA in convoluted series of charges… 6-month misdemeanor speedy trial motion properly denied under bizarre circumstances… legal mazes in cases of offenses that escalate in severity depending on the number of the offense can be avoided… Swandal affirmed. [Read more…]

Justifiable force, victim’s violence propensity

March 14, 2009 By lilly

JUSTIFIABLE FORCE/INEFFECTIVE ASSISTANCE: Murder victim’s propensity for violence not essential element of justifiable force, counsel not ineffective for not presenting such propensity… Honzel affirmed. [Read more…]

Right to counsel, AZ fugitive charge, MT murder

March 14, 2009 By lilly

RIGHT TO COUNSEL: Federal “offense specific” application of 6th Amendment — not “factually related” test under Montana Constitution — properly applied to Arizona interrogation on fugitive charge outside of presence of counsel appointed for that charge which resulted in Montana murder charge… H. Brown affirmed. [Read more…]

Defense verdict, discrimination/retaliation

March 14, 2009 By lilly

VERDICT: Defense, sex/disability discrimination/ retaliation, extension service employee. [Read more…]

Confidential informant, reliability, wire, Goetz

March 14, 2009 By lilly

CONFIDENTIAL INFORMANT: Ignoring body wire recording pursuant to Goetz, CI reliability not established, affidavit not corroborated, pre-Goetz information dismissed, trial vacated… but evidence/testimony of CI’s claimed marijuana buy not suppressed despite illegality of recording (1st [Read more…]