Archives for May 2010

Marital, PKPA jurisdiction

May 1, 2010 By Frank

MARITAL: Louisiana more appropriate for PKPA custody dispute now, even if Montana was more appropriate in 2004… McKittrick affirmed. [Read more…]

Rape/incest, vouching, under-age “without consent”

May 1, 2010 By Frank

RAPE/INCEST: Deputy’s comment that accuser’s story “seemed credible” not impermissible vouching warranting plain-error review… Prosecutor’s “vouching” must be viewed in light of conflicting testimony, cautionary instruction [Read more…]

Sentencing, partly illegal remand remedy

May 1, 2010 By Frank

SENTENCING: Parole conditions illegal, may be restated as recommendations… $225,149 restitution of past medicals proper, unspecified amount of future medicals improper… [Read more…]

Ineffective assistance, prejudice standard

May 1, 2010 By Frank

INEFFECTIVE ASSISTANCE: Petition for rehearing granted on claim by Defendant of improper ineffective assistance prejudice standard (certainty v. reasonable probability of [Read more…]

Trusts/securities, unlicensed business trusts

May 1, 2010 By Frank

TRUSTS/SECURITIES: Unlicensed pseudo-legal gibberish business trusts purporting to convey Montana property to new age guru invalid, request to allow grace period for licensing denied… Estate entitled to return of $10,000 trust preparation fee plus 10% interest, to attorney fees for violation of [Read more…]

Insurance, auto deletion error, mutual intent

May 1, 2010 By Frank

INSURANCE: Policy properly reformed to reflect mutual intent to delete accident vehicle (subject of $400,000 consent judgment)… Lynch/Cebull affirmed (unpublished). [Read more…]

SSD, overpayment repayment waiver

May 1, 2010 By Frank

SSD: Waiver of repayment of overpayment properly denied… Ostby affirmed (unpublished). [Read more…]

Sentencing, re-entry of deported alien

May 1, 2010 By Frank

SENTENCING: 54 months for re-entry of alien affirmed… Haddon affirmed (unpublished). [Read more…]

Insurance, CGL endorsements ambiguity

May 1, 2010 By Frank

INSURANCE: Ambiguous CGL endorsements construed against insurer so that general contractor is additional insured with blanket coverage under policy obtained by supplier… [Read more…]

Railroads, shortline, payment terms relitigation

May 1, 2010 By Frank

RAILROADS: Shortline operator (CMR) as assignee of State not allowed to voluntarily dismiss long-running Federal Court litigation to allow State to re-litigate in State Court claims lost in Federal Court… claims for $9.8-$56.6 million for lost [Read more…]