PROPERTY: Claim that adjacent lots were never to be sold properly rejected on quiet title summary judgment… Cybulski affirmed. [Read more…]
Archives for 2013
Quarry contract, dinosaur footprints, termination
QUARRY CONTRACT properly terminated by lessor after valuable dinosaur footprints found, requirement for “written agreement of the parties” properly rejected as inconsistent… Swandal affirmed (IOR I-3(d)). [Read more…]
Declaratory action, MSP medical director
DECLARATORY ACTION as to whether MSP medical director is state employee or contractor vis-à-vis tort action alleging refusal to authorize medical care properly dismissed as matter of discretion… Sherlock affirmed (IOR I-3(d)). [Read more…]
Preliminary injunction, YNP bison transplant
PRELIMINARY INJUNCTION improperly granted against transport of migrating YNP bison to tribes… McKeon reversed. [Read more…]
Order of protection, res judicata, 2 courts
ORDER OF PROTECTION issued in Missoula not precluded by res judicata of dismissed Ravalli order… McLean affirmed (IOR I-3(d)). [Read more…]
Marital, CSED lien enforcement
MARITAL: Only CSED may enforce its support lien, not transferable to 3rd party… Wheelis reversed. [Read more…]
Marital, parenting plan, conflicting accusations
MARITAL: Parenting plan properly resolved conflicting accusations with erratic behavior by father and mental issues by mother… McKeon affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, trial/appellate counsel
INEFFECTIVE ASSISTANCE claims against trial counsel for not informing of illegal plea offer and alleged restriction of access to counsel during trial recess, and claims against appellate counsel for failing to raise this issue, rejected… Langton affirmed. [Read more…]
DUI, erratic driving not videoed
DUI: Particularized suspicion to stop based on officer’s testimony of erratic driving despite lack of video… Wheelis affirmed. [Read more…]
Sentencing, consecutive v. concurrent
SENTENCING: Challenge of application of sentences as consecutive rather than concurrent properly treated as untimely postconviction petition… Todd affirmed (IOR I-3(d)). [Read more…]
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