PLEA WITHDRAWAL: Judge had no obligation to advise of collateral effect of pleading guilty to PFMA, including loss of gun rights, withdrawal properly denied… [Read more…]
Archives for February 2010
Plea withdrawal, deferral entitlement
PLEA WITHDRAWAL: No misrepresentation by Judge, Prosecutor, counsel that felony arson Defendant with prior felony was entitled to deferred sentence, no “good cause” for [Read more…]
Plea withdrawal, parole restriction “understanding”
PLEA WITHDRAWAL: Plea agreement “understanding” that State would not recommend parole restriction not breached by Prosecutor’s objection to SRD as to removal of restriction… Christopher affirmed. [Read more…]
Child witness, audio-video “face to face” challenge
CHILD WITNESS: “Face to face” challenge of audio-video testimony improvidently considered, poorly briefed, inadequately supported by record… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
Parole, repeated denials, infrequent hearings
PAROLE: No abuse of discretion in repeatedly denying parole for Defendant convicted of murder in 1973, infrequent reviews… habeas denied… order. [Read more…]
Arbitration, assertion of right, waiver, adhesion
ARBITRATION: Defendants asserted contractual right to arbitration in answer/jury demand within 90 days of service, separate motion not required… arbitration not waived by [Read more…]
Defense verdict, wrongful discharge, sports store
VERDICT: Defense, wrongful discharge, sporting goods employee… slander, punitives claims directed out. [Read more…]
Insurance, “insured auto” UIM exception
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception to “underinsured auto,” wife’s UIM claim following release of husband for $300,000 liability limits rejected… insurer not [Read more…]
Elections/standing, independent candidate petition
ELECTIONS/STANDING: Independent candidate for Senate and potential voter lacked standing at time of complaint (when decision to run had not been made) to challenge Montana [Read more…]
Job termination, injury v. RIF/restructure
Petitioner terminated due to RIF/restructure, not injury, chose not to apply for other positions for which she was qualified, not entitled to TTD, additional PPD, fees/costs/penalty… Shea. [Read more…]
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