REAL ESTATE: Constructive fraud/deceit claims properly dismissed, but for lack of sufficient evidence to defeat summary judgment, not because injuries resulted strictly from breach of buy-sell… negligence claim for damages during occupancy of [Read more…]
Archives for June 2014
Quiet title, waiver of service defects, supervisory
QUIET TITLE: Supervisory control of J. Brown denied as to waiver of service defects in quiet title default… order. [Read more…]
Appeal procedure, notice, multiple pending motions
APPEAL PROCEDURE: When multiple motions which toll appeal time are pending, party need not file notice of appeal when 1st motion is disposed of and 2nd notice after subsequent motion is disposed of… order. [Read more…]
Appeal procedure, holographic will validity
APPEAL PROCEDURE: Challenge of validity of holographic will waived by failure to appeal immediately, but other findings/conclusions timely appealed… order. [Read more…]
Procedure, reconsideration of dismissal
PROCEDURE: No “motion for reconsideration,” but sufficient basis articulated for reconsideration of dismissal under Rule 60(b)(6)… Christopher reversed… order. [Read more…]
Judicial standards, statutory rape sentencing
JUDICIAL STANDARDS: Baugh’s comments at statutory rape sentencing that 14-year-old student was as much in control as 47-year-old teacher and older than her chronological age inconsistent with Montana legal consent law, attempt to retract sentence and rationale inconsistent with Montana law, made inappropriate [Read more…]
Tampering/fabricating, false rape claim
TAMPERING/FABRICATING: Defendant who falsely claimed rape properly charged with felony tampering with or fabricating “physical evidence” in the form of vaginal secretions from recent sex with husband to mislead officials into believing that ex- [Read more…]
Rape/PFMA/tampering, prior acts
RAPE/PFMA/TAMPERING: Evidence of previous assault/harassment of alleged victim properly admitted… plain error review of bad acts instructions declined… no ineffective assistance in not objecting to bad acts… conviction over defense of consensual rough sex affirmed… Seeley affirmed. [Read more…]
Statutory rape, juror challenge
STATUTORY RAPE: Challenge for cause of prospective juror whose daughter had been victim of sexual violence properly denied… Jones affirmed. [Read more…]
Sexual assault, postconviction DNA, eyewitness
SEXUAL ASSAULT: Postconviction DNA testing properly denied in light of strong eyewitness testimony of assault of child… §46-21-110(5)(3) does not authorize testing of previously untested persons or comparison of newly obtained DNA with federal [Read more…]
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