JUDICIAL DISQUALIFICATION: Chief Justice not required to disqualify merely because name as AG appears on State’s answer brief, but will do so where he approved filing of appeal by State… opinion/order. [Read more…]
Archives for 2009
Trust, failure to invest in stocks, $14,611,000 loss
TRUST: Common fund applies to recovery for failure to invest in stocks over 30 years… pre-judgment interest to accrue on stipulated $14,611,000 loss at 10%… Neill. [Read more…]
Elections, disclosure/reporting requirements, CI-96
ELECTIONS: Montana’s disclosure/reporting requirements unconstitutionally vague/violative of free speech as applied to Church’s de minimis CI-96 marriage amendment activities… Higgins/Molloy reversed. [Read more…]
Ineffective assistance, contact of co-defendant
INEFFECTIVE ASSISTANCE: Unauthorized contact with co-defendant not per se ineffective assistance… no evidence that violation impaired ability to represent Defendant… no showing of prejudice under traditional Strickland claim… new lawyer properly denied when Defendant affirmed decision to continue with original lawyer… meth conviction affirmed… [Read more…]
Child pornography, “directed” download, admission
CHILD PORNOGRAPHY: Interrogation answers properly found voluntary, not result of Tylenol III or coercion… sufficient evidence of receipt/possession of child porn downloaded by retarded man at Defendant’s direction… Lovell affirmed. [Read more…]
Child pornography, sentencing enhancement
CHILD PORNOGRAPHY: Admissions in sex offender registration documents constituted sufficient proof that Maryland sex abuse conviction was qualifying predicate for sentencing enhancement… Lovell [Read more…]
Vacation pay/employer 401(k) “wages,”
Vacation pay accrued pre-injury but paid post-injury, employer 401(k) contributions, not “wages” under §123… §123 constitutional challenge rejected… penalty may be imposed for failure to pay Lockhart lien… sanctions against Claimant denied… Shea. [Read more…]
Settlements
Plan II
Edward Smith, head/knee/neck, 5/05, 5/06, 5/08, disputed, $95,000, $35,000 MSA, stipulated judgment; Lucas Foust for Smith, Kelly Wills for Sentry Ins. [Read more…]
Summary judgment, expert materials “on file,”
SUMMARY JUDGMENT improperly granted to product liability Defendant without consideration of Plaintiff’s expert materials “on file” in response to separate motion to exclude witnesses… J. Brown reversed. [Read more…]
Work comp, medical instability, total wage loss
WORK COMP: Insurer not liable for TTD during period of medical instability due to Claimant’s failure to show total wage loss as result of 2005 condition (1994 original OD onset)… Shea affirmed. [Read more…]
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