SENTENCING: Judge had no discretion to depart downward from 15-year statutory mandatory minimum for attempted sexual [Read more…]
Archives for May 2011
Sentencing, plea agreement
SENTENCING issues waived in plea agreement, appeal dismissed (unpublished). [Read more…]
Settlements
Plan I
William Beierle, shoulder, 7/07, disputed TTD/PTD, chronic pain [Read more…]
Preliminary injunction, short-line RR, arbitration
PRELIMINARY INJUNCTION improperly went far beyond relief requested by State, required RR to resume per-car payments to [Read more…]
Indians, Blackfeet Tribal Court probate jurisdiction
INDIANS: Blackfeet Tribal Court has exclusive jurisdiction over probate of member’s estate within Reservation because Montana [Read more…]
Marital, judicial admissions, support
MARITAL/JUDICIAL ADMISSIONS: Statements in 2000 pleading and proposed but not adopted findings in connection with motion [Read more…]
Marital, deceased father’s support obligation
MARITAL: Parenting plan requires support payments from deceased father’s estate without credit for SS death benefits… [Read more…]
Marital, primary parent, child’s wishes
MARITAL: Father properly made primary parent despite child’s wishes to live with mother… income properly imputed to mother [Read more…]
Sex offender registration, retroactivity, juvenile
SEX OFFENDER REGISTRATION: Legislative intent for SVORA to apply retroactively to Federal Court adjudication of juvenile sex [Read more…]
Aggravated assault, “protracted injury” voir dire
AGGRAVATED ASSAULT: Judge within discretion in cutting off repetitive voir dire of panelists’ understanding of “protracted [Read more…]