The Weekly Digest of Montana Law
By lilly
JURISDICTION (personal) waived by failure to file motion within established time frame… Phillips affirmed.
Daniel and Pamela Smith married in Roundup in 1981 and moved to Georgia in 1991. They divorced in Georgia in 2003 and Pamela returned to Montana [Read more…]
By lilly
ATTORNEY FEES: Appeal fees granted borrowers in loan deficiency case… order on rehearing. [Read more…]
By lilly
SPEEDY TRIAL/INEFFECTIVE ASSISTANCE/ PROSECUTORIAL MISCONDUCT: Speedy trial claim properly denied (308 of 507 days attributed to Defendant’s continuances, analysis despite waiver since trial not held as re-set)… no error in not holding effective assistance [Read more…]
By lilly
SEARCH & SEIZURE: Protective sweep of hotel room following arrest of person being sought reasonable to ensure safety at scene, marijuana/pipe in plain view, subsequent admission of meth possession by girlfriend of suspect did not stem from evidence obtained by [Read more…]
By lilly
SENTENCING: Alcohol conditions improperly imposed on sexual assault defendant… Jones reversed. [Read more…]
By lilly
RESTITUTION properly based in part on testimony at hearing, embezzlement Defendant given adequate opportunity to respond to last-minute loss claims, “documentation” not required under 2003 law, victim’s cash-flow analysis proper… $30,000 (amount Defendant can [Read more…]
By lilly
§39-71-520(2) unconstitutionally vague as to time limits for UEF petition, motion to dismiss denied… Shea.
Shelly Weidow was injured 6/13/06. UEF denied liability. The DLI mediator [Read more…]
By lilly
Plan I
Richard Daniels, 5 claims 8/98-11/99, $50,000 including $31,996 MMSA, stipulated judgment; Leslae Dalpiaz for Daniels, Marlene McCluskey (MSGIA)
Anna Clark, multiple, 9/07, $33,824, Charla Tadlock [Read more…]
By lilly
HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]
By lilly
GAME FARMS: I-143 termination of fee shooting upheld over regulatory takings claims… Rice affirmed. [Read more…]