DELIBERATE HOMICIDE: Assault on minor is forcible felony for felony-murder… video reenactment of pushing child into wall properly admitted… conviction affirmed… Sandefur affirmed. [Read more…]
Archives for 2013
Drugs, speed stop, suspected marijuana
DRUGS: Stop of speeder suspected of transporting marijuana properly progressed from warning ticket for speeding to drug investigation… Gustafson affirmed. [Read more…]
Discovery of ND comp claim
Insurer entitled to information relating to ND claim under broad discovery rules subject to admissibility challenge… Petitioner entitled to copy of audio recording of ND statement, not just transcript… Shea. [Read more…]
Settlements
Plan I
Benjamin Wagner, shoulder(s), 10/06, $69,000, Lesley Dalpiaz [Read more…]
Venue, vehicle pushed across county line
VENUE properly changed from Cascade to Glacier (Defendant’s residence) where MVA occurred in Teton but vehicle came to rest in Cascade… venue waiver based on order of docketing multiple simultaneous pleadings denied… Macek affirmed. [Read more…]
Partition, objections to referees’ report
PARTITION: Objections to referees’ report sufficient to compel hearing (1st impression)… Christopher reversed. [Read more…]
Water, subdivision groundwater, mitigation
WATER: DNRC had authority to deny subdivision water permit despite settlement with objectors, properly required applicant to mitigate usage, improperly determined that proposed mitigation was inadequate… applicant not prejudiced by bias… J. Brown affirmed. [Read more…]
Marital, “child support”/property settlement
MARITAL: “Child support” obligation correctly found to be form of property settlement not subject to modification in light of circumstances/context of settlement… wife judicially estopped from invalidating stipulation amending support and lump sum payments… Gustafson affirmed. [Read more…]
Marital, parenting plan amendment
MARITAL: Parenting plan properly amended based on changed circumstances, deference properly given to children’s wishes, other factors, partly based on parenting plan coordinator’s report… Tucker affirmed. [Read more…]
Vehicular assault, lawyer/school bus driver
VEHICULAR ASSAULT: Lenihan not available to challenge objectionable sentence, probation conditions, as-applied cruel/unusual argument raised first time on appeal declined… claim of inadequate time to adequately brief plea withdrawal [Read more…]
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