PARENTAL TERMINATION/INDIANS: Transfer to Tribal Court properly denied as untimely… parental rights properly terminated… McLean affirmed. [Read more…]
Archives for January 2015
Sex offender address, jury challenge, jury query
SEX OFFENDER ADDRESS: Claim of ineffective assistance for not challenging for cause panelist who was concerned about Defendant not testifying more amenable to postconviction… jury query as to whether detective actually went to motel room or just checked at office when looking for Defendant properly responded to with partial trial transcript… fines/fees illegally imposed in judgment when not in pronouncement… sex offender designation illegally imposed on failure to notify of change of address… Larson affirmed, reversed. [Read more…]
Drugs, marijuana grow compulsion
DRUGS: Claim that Defendant was compelled to grow marijuana to treat chronic pain undercut by avowed purpose of testing Montana law, lack of evidence of compulsion… McLean affirmed (IOR I-3(d)). [Read more…]
DUI, prior DUIs enhancement
DUI: Challenge of prior DUIs underlying felony properly rejected… Salvagni affirmed (IOR I-3(d)). [Read more…]
Directed verdict, claimed gravel pit effects
DIRECTED VERDICT: Claimed effects of gravel pit on residence in subdivision… Knisely. [Read more…]
Sentencing, sex offender release conditions
SENTENCING: Release conditions for failure to register as sex offender affirmed, vacated… Molloy affirmed, reversed (unpublished) [Read more…]
Sentencing, sex abuse, force enhancement
SENTENCING: Sufficient evidence of force in sexual assault to support enhancement… Christensen affirmed (unpublished). [Read more…]
Discovery sanctions, refusal to attend deposition
DISCOVERY SANCTIONS: Prisoner’s search & seizure suit dismissed for refusal to appear for deposition, Defendants’ request for fees denied… Ostby. [Read more…]
Settlements
Plan I
William Newman, knee, 2/11, disp PT, med res, $80,000, Robert Ogg
Viola Gray, shoulder(s), 11/01, $75,000, Richard Martin [Read more…]
Sexual harassment, commercial real estate
SEXUAL HARASSMENT: “Improved or unimproved property” in HRA includes commercial real estate including complainant’s commercial lease, not just housing (1st impression)… Gilbert affirmed. [Read more…]