PARENTAL TERMINATION/ADOPTION: Grandparents/guardians’ petition to terminate putative father’s rights properly denied… Curtis affirmed.
NW knew Medicaid was covering AJJ’s pregnancy. He was not immediately [Read more…]
Archives for 2009
Procedure, Supreme Court citation format
PROCEDURE: Citation format modified to eliminate repeated paragraph numbering… order. [Read more…]
Felony murder, chambers presence, burden
FELONY MURDER: Waiver of right to be present at chambers conference improperly made by lawyer rather than Defendant, State failed to demonstrate error harmless… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Revocation, incarceration v. mental illness
REVOCATION: Plain error review of challenge to incarceration of revoked sex offender despite mental illness denied… lawyer’s actions resulting in incarceration more appropriate for postconviction… McKinnon affirmed. [Read more…]
Revocation/postconviction, PO “arrest,” jeopardy
REVOCATION/POSTCONVICTION: State waived §46-21-105(2) postconviction bar by raising 1st time on appeal… “arrest” in §46-23-1012(2) refers to PO arrest, not police arrest, State followed revocation procedures when it filed Report of Violation within 10 days of PO’s Warrant to Arrest & Hold… due process not denied by 21 days [Read more…]
Postconviction, lawyer suicide, hearing
POSTCONVICTION: “Unique circumstances” of counsel’s suicide require evidentiary hearing on petition… McKittrick reversed. [Read more…]
Plea withdrawal, criminal mischief, roof damage
PLEA WITHDRAWAL: Defendant’s acknowledgment that he apparently damaged barn roof insufficient for criminal mischief, should have been allowed to withdraw plea-bargained guilty plea… Langton reversed. [Read more…]
Product liability, “upstream” chair parts retailer
PRODUCT LIABILITY: “Upstream” retailer of chair components not entitled to bring indemnity claim against “downstream” MSP assembler of chair that collapsed… no right of contribution in product liability case… Harkin. [Read more…]
Procedure, FHA post-judgment interest rate
PROCEDURE: Post-judgment interest on $100,000 FHA judgment payable at federal rate of 3.33%, not Montana rate of 10% pursuant to State Court action to collect judgment… fees awarded in State Court judgment collection action not part of federal judgment, not required for satisfaction of federal judgment… motion for relief from judgment [Read more…]
Settlements
Plan I
Talia Frank, head/shoulder/neck/low back/psychological, 10/99, total, $151,527 new money, $10,000 MSA, stipulated judgment; Jay Dufrechou for Frank, Andrew Adamek for K Mart [Read more…]
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