CRIMINAL ENDANGERMENT: Negligent endangerment a lesser included of criminal endangerment (1st impression)… evidence could support either, jury should have been instructed on negligent… conviction reversed, remanded… Langton reversed. [Read more…]
Archives for April 2014
Ineffective assistance, tipping hand
INEFFECTIVE ASSISTANCE: Attorney not ineffective by motions to dismiss which alerted State to purported charging error, prompting it to amend, but Defendant could have been [Read more…]
Dismissal, failure to appear at omnibus hearing
DISMISSAL: Appeal to District Court properly dismissed for failure to appear at omnibus/indigency hearing… Christopher affirmed. [Read more…]
Child pornography, sex offender designation
CHILD PORNOGRAPHY/SENTENCING: Level III sex offender designation properly imposed… legal fees/expenses not pronounced orally improperly imposed in written judgment… 4 days time served promised but not credited… Simonton affirmed, reversed (IOR I-3(d)). [Read more…]
Electronic monitoring, Goetz retroactivity
ELECTRONIC MONITORING: Goetz applied retroactively to drug prisoner who diligently asserted claims, monitored “evolving” Goetzjurisprudence, sought relief each time retroactivity principles modified… habeas granted to remand [Read more…]
Sentencing, parole conditions, habeas
SENTENCING: Parole conditions may be treated as recommendations, not imposed… habeas granted… order. [Read more…]
Unclaimed reimbursement of asbestosis medicals
WCC lacks jurisdiction over PR’s claim that $95,846 asbestosis medicals paid by Libby Medical Plan for which neither Libby Medical Plan nor Grace will accept reimbursement from insurer should be paid to her or Montana Justice Foundation or charity, [Read more…]
Settlements
Plan I
Ian Johnson, spine, 5/10, 12/10, disputed, $50,000, stipulated judgment; Ben Snipes for Johnson, Kelly Wills for MCCF [Read more…]
Attorney discipline, dual criminal representation
ATTORNEY DISCIPLINE: 90-days suspension/ censure for dual representation of husband and wife in meth prosecution of husband, representing wife in drug interview as to then former client husband, lack of candor in response to informal complaint… opinion & order. [Read more…]
Initiative, I-171, legal sufficiency, ballot statement
INITIATIVE: Original proceeding challenge of AG’s approval of I-171 rejected… opinion & order. [Read more…]
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