Montana Law Week

The Weekly Digest of Montana Law

Archives for March 2012

Autopsy/arrest/jail, child death, immunity

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AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]

Suicide liability, troubled teen school, foreseeability

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SUICIDE LIABILITY: Foreseeability evidence improperly limited to what troubled student knew; what operator of tough love boarding school and entity providing program policy knew and whether it was designed to treat suicidal teens also relevant… settlement of school did not settle [Read more…]

Rape, prosecutor comments, “incapable of consent,”

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RAPE: Prosecutor’s opening & closing comments on credibility of accuser and accused, reference to sidestepping on direct, and invocation of God insufficient for plain error review, failure to object not ineffective assistance… “incapable of consent” theories not impermissibly changed from sleep to sleep or intoxication… conviction affirmed… J. Brown, affirmed. [Read more…]

Insurance, duty to defend, troubled teen suicide

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INSURANCE: Insurers had duty to defend entity purporting to find boarding school placements for troubled teens, coverage not barred by “professional” exclusion in light of non-professional conduct including panicked school employee failing to aid potentially suicidal teen found [Read more…]