MARITAL: Because husband did not serve wife with divorce TRO within 3 years, the TRO, although never dismissed, was rendered ineffective and he was not prohibited from amending his IRA to remove wife as beneficiary and name children as primary beneficiaries… Dayton affirmed (other grounds). [Read more…]
Archives for January 2015
Marital, “domiciled 90 days” jurisdictional defect
MARITAL: Any jurisdictional defect of wife not being domiciled in Montana for 90 days preceding her petition was cured when she established domicile for 90 days and filed a “supplemental pleading” alleging such (1st impression)… Lympus affirmed. [Read more…]
Rape/sexual assault, Defendant’s private sex life
RAPE/SEXUAL ASSAULT: Delving into Defendant’s private sex habits in “not overwhelmingly strong” case of alleged touching of 9-year-old improperly allowed over State’s position that door was opened by counsel’s opening remarks about active sex life with [Read more…]
Robbery accountability, getaway driver
ROBBERY ACCOUNTABILITY: Jury properly instructed on accountability of Defendant who drove car to store where friend shot clerk, then drove car away… sufficient evidence to go to jury… amount of restitution for clerk’s future medicals improperly referred to Parole/ Probation… Judge not required to explain [Read more…]
Revocation, new sex offender conditions
REVOCATION: 14 new sex offender conditions imposed at 2012 revocation under 1991 amendment as made retroactive by 2001 amendment and applied to 1988 offense are not punitive in nature, not ex post facto… Todd affirmed. [Read more…]
Post-petition OD evaluation, jurisdiction
Post-petition OD evaluation creates doubt as to continued jurisdiction, dismissed without prejudice… Sandler. [Read more…]
Settlements
Plan I
No lawyer: Daniel Knutson, shoulder(s), 13, med res, $38,049 [Read more…]
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