SEXUAL ASSAULT: Panelist with reservations about a defendant not testifying properly rehabilitated, not removed for cause… forensic interviewer properly allowed to testify that girl not [Read more…]
Archives for 2013
Double jeopardy, US firearms, State non-firearms
DOUBLE JEOPARDY not violated by State prosecution of non-firearm thefts after federal conviction of firearm thefts from same store… Seeley affirmed. [Read more…]
Abscondence, revocation, probation credit
ABSCONDENCE/REVOCATION: Defendant not entitled to probation credit during time on run… no plain error review or remand for hearing into circumstances of 8-year abscondence… fines/fees in original sentence properly “reimposed” in revocation judgment [Read more…]
Sentencing, adult consecutive to juvenile revocation
SENTENCING: Adult sentence consecutive to juvenile revocation disposition affirmed… McLean affirmed. [Read more…]
New trial, untimely motion, oral/written sentence
NEW TRIAL/SENTENCING: Motion for new trial untimely more than 30 days after conviction, letter seeking different lawyer in different trial properly not construed as motion for new trial… [Read more…]
Speedy trial, justice court 6 months
SPEEDY TRIAL: 6 months for Justice Court misdemeanor runs from plea to misdemeanor PFMA, not from initial plea to dismissed felony PFMA… Haynes affirmed. [Read more…]
Information, filing delay, untimely objection
TAX DEED void for failure to give notice of application to mortgage company listed on Sched. B but only incorporated by reference to numbered exceptions on Sched. C of title guarantee even though notice given to owner… deed recipient concedes notice error, [Read more…]
Tax deed, failure to notify mortgagor
ARBITRATION: FAA preempts Montana public policy invalidating adhesive agreements contrary to reasonable expectations… a state’s preempted public policy impermissible basis on which to reject choice of law… arbitration denial reversed… Cebull [Read more…]
Arbitration, adhesive agreement, FAA preemption
ARBITRATION: FAA preempts Montana public policy invalidating adhesive agreements contrary to reasonable expectations… a state’s preempted public policy impermissible basis on which to reject choice of law… arbitration denial reversed… Cebull [Read more…]
SS/EAJA, “position of the United States”
SS/EAJA: “Position of the United States” includes both its litigation position and underlying agency action (the ALJ decision), EAJA fees improperly denied on basis that US [Read more…]
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