HOSPITAL: TRICARE beneficiary not entitled to “windfall” between what hospital accepted from auto med-pay insurer and reimbursement rate per PPA… motion for judgment on [Read more…]
Archives for 2013
Attorney choice, parents v. GAL, child MVA
ATTORNEY CHOICE: Parents who consented to GAL/conservator to act in best interests of child in MVA claims divested themselves of right to choose counsel… constitutional, RPC conflict claims rejected… McNeil affirmed. [Read more…]
Default judgment, vacation home, HOA fees
DEFAULT JUDGMENT against Arizona owner of Montana vacation home who failed to pay HOA fees/dues correctly not set aside, no indication of attempt to conceal lien foreclosure… Ortley affirmed. [Read more…]
Drugs, hashish, entrapment, MMA
DRUGS: “Hashish” facts sufficient to state a crime… claim of entrapment by agent with fake ID properly rejected… MMA affirmative defenses by Defendant with only caregiver registration properly rejected… McKeon affirmed (IOR I-3(d)). [Read more…]
Unauthorized tow truck/theft
UNAUTHORIZED TOW TRUCK/THEFT: Pro se appeal to District Court properly dismissed for failure to follow briefing schedule, claim of outrageous conduct by officers attempting to retrieve vehicle from junkyard rejected… Sherlock affirmed (IOR I-3(d)). [Read more…]
Hunting, revocation, coyote calling
HUNTING: Suspended sentence for hunting without landowner permission properly revoked based on coyote calling/shooting on Navajo Reservation… Tucker affirmed (IOR I-3(d)). [Read more…]
Probable cause, testimony v. affidavit
PROBABLE CAUSE: Testimony in support of information sufficient (actually encouraged), affidavit not required… Reynolds affirmed (IOR I-3(d)). [Read more…]
Prosecutorial misconduct, generic objection
PROSECUTORIAL MISCONDUCT: Generic objection during cross of expert insufficient to constitute continuing objection that carried over to closing/rebuttal, but alleged [Read more…]
Presence at critical stage
PRESENCE AT CRITICAL STAGE: No prejudice by being absent from juror qualification sidebar where prospective juror was excused by stipulation… Day affirmed. [Read more…]
Child sex abuse expert
CHILD SEX ABUSE EXPERT properly allowed to testify to victimization generalities… incest/rape/sexual assault convictions affirmed… McKittrick affirmed. [Read more…]
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