MARITAL/PROCEDURE: Judge should have ruled on wife’s post-decree motions or recommitted them to Standing Master… lack of citation to transcript subjected wife’s objections to adverse summary ruling under Charter Order… Master erred in lessening homemaker contributions because of husband’s retirement and finding that payment of part of wife’s debt was appropriate in lieu of maintenance… consideration of post-trial motions and corrections of errors of law will significantly impact award of maintenance and division which gave wife $82,866 of $1,078,005 estate after 14-year marriage… Master correctly excluded husband’s alleged role in causing physical/emotional limitations when determining maintenance… Jensen/Macek reversed, affirmed. [Read more…]
Archives for January 2015
Drugs, trooper’s opinion of under meth influence
DRUGS: Trooper’s opinion that driver was likely under influence of stimulant such as meth was rationally based on his perceptions… trooper did not conduct DRE evaluation but was qualified as DRE expert… meth conviction affirmed… Christopher affirmed (IOR I-3(d)). [Read more…]
Postconviction, homicide counsel’s unpreparedness
POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]
Marital, lumber business, pre-acquired/inherited
MARITAL: Division of estate with lumber business and considerable pre-acquired/inherited property… no nonmonetary contributions… property in lieu of maintenance… J. Brown. [Read more…]
Wire fraud, Indian Days scam
WIRE FRAUD conviction in Indian Days scam affirmed… Christensen affirmed (unpublished) [Read more…]
Settlements
Plan I
Jan Silvesan, low back, 12/13, medical closed, $5,000, Leslae Dalpiaz [Read more…]
Work comp, standing, cy pres claim
WORK COMP: PR has standing to assert, WCC has jurisdiction over, claim that $95,846 asbestosis medicals paid by Libby Medical Plan for which neither Plan nor Grace will accept reimbursement from insurer should be paid pursuant to cy pres, not retained by insurer… remanded for merits of claim… Shea reversed. [Read more…]
Guardianship/conservatorship, contempt/arrest
GUARDIANSHIP/CONSERVATORSHIP: Cert/prohibition challenging Montana contempt/arrest orders in California trust whose trustee/protected person moved to Montana denied… Haynes affirmed (order). [Read more…]
Conversion, res judicata, default
CONVERSION claim properly rejected on summary judgment based on res judicata of prior identical claim… no basis for default judgment as no default had been entered… McKeon affirmed (IOR I-3(d)). [Read more…]
Marital, parenting plan amendment
MARITAL: 2009 parenting plan properly amended in 2013 to switch primary custody to father in Colorado… Gustafson affirmed (IOR I-3(d)). [Read more…]