INSURANCE: Petroleum release subrogation suits based on contracts while insurer was authorized subject to service on Commissioner, now suspended insurer not required to have COA or post bond to respond to suits, motions to set aside defaults improperly stricken… McCarter/Honzel reversed. [Read more…]
Archives for 2009
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]
DUI, breath machine certification
DUI: Breath test improperly admitted in absence of Lab certification author or notice of intent to offer report… conviction reversed, remanded for new trial… Rice reversed. [Read more…]
DUI, LPN blood drawing, off-site RN supervision
DUI: Blood properly drawn by LPN under “supervision and direction” of off-site RN… Irigoin affirmed.
Kenneth Merry was stopped for traffic infractions. He provided a breath [Read more…]
Venue, “inflammatory publicity,”
VENUE: “Inflammatory” publicity clarified… Defendant failed to meet standard, change of venue properly denied… Christopher affirmed. [Read more…]
Prosecutor conduct, irrelevant probation evidence
PROSECUTORIAL CONDUCT: Prosecutor improperly allowed to repeatedly reference Defendant’s irrelevant probation status… error was trial error, not harmless, conviction reversed, remanded for retrial… Macek reversed. [Read more…]
Drugs, knowing possession of meth residue
DRUGS: Not ineffective assistance for not requesting mistrial when officer testified that Defendant exhibited meth symptoms… sufficient evidence that Defendant knowingly possessed undetermined amount of meth residue over claim that he found vial and did not know it contained meth… Harkin affirmed. [Read more…]
Aggravated assault, “consent” of bar fight victim
AGGRAVATED ASSAULT: Against public policy for consent of victim to be defense to aggravated assault (1st impression)… Defendant’s conduct at other bars and video of post-arrest interview properly admitted under transaction rule… intoxication due process claim not preserved for appeal… Swandal affirmed. [Read more…]
Revocation, “personality disordered” v. mental
REVOCATION: Sufficient evidence that “personality disordered” Defendant did not suffer mental disease… properly revoked, properly sentenced to MSP rather than alternative… McLean affirmed. [Read more…]
Forfeiture, meth vehicle, Excessive Fines Clause
FORFEITURE: Federal Excessive Fines Clause not applicable to state forfeiture, but Court would have difficulty overturning forfeiture of meth vehicle under State restitution law… Simonton affirmed. [Read more…]
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