Plan I
Timothy White, shoulder, 10/13, $20,000 new money, stipulated judgment; Garry Seaman for White, Norman Grosfield for MACWCT [Read more…]
Archives for May 2015
Wind energy, long-term v. short-term rate
WIND ENERGY: Long-term rate properly denied for failure to commit to project or establish obligation that could expose it to liability if abandoned… PSC affirmed, Tucker reversed. [Read more…]
Ag property taxes, grazing to tillable land
AG PROPERTY TAXES: Change from grazing to tillable land properly reclassified… Spaulding affirmed. [Read more…]
Marital/procedure, child’s absence from Montana
MARITAL/PROCEDURE: Totality of circumstances adopted for determining if a child’s absence from Montana renders the community integration assumption unreasonable… child who lived in Washington, Canada, Montana, back in Canada “lived in” Montana less than the 6 months required for jurisdiction over parenting/custody… issue properly “heard” via affidavits/pleadings without need for oral “hearing”… Moses affirmed. [Read more…]
Parental termination, father’s rights
PARENTAL TERMINATION: Father’s rights to children properly terminated… Townsend affirmed. [Read more…]
Attorney discipline, visiting girlfriend in jail
ATTORNEY DISCIPLINE: Suspension for failure to disclose status as alleged victim and witness while visiting girlfriend in jail… order. [Read more…]
Sentencing, Miller youth considerations for lifer
SENTENCING: Habeas review of 1984 100-year homicide sentence of 17-year-old under Miller guidelines precluded by rule of nonretroactivity… opinion & order. [Read more…]
Sentencing, DUI plus PFO, habeas
SENTENCING: Defendant improperly sentenced for both DUI and PFO, remanded for resentencing only as PFO, but request for release following expiration of DUI sentence denied… Mizner reversed… order. [Read more…]
DUI, slightly crossing yellow center line
DUI: Slightly crossing yellow center line grounds for stop, over argument that statute allows occasional movement from lane… Jones affirmed. [Read more…]
Insurance, enforceable binder, policy date, MVA
INSURANCE: No enforceable binder until insured chose premium/deductible, 6-month policy started from time of enforceable binder, not date of application 6 days earlier, extended 6 days past MVA… confusing cancellation notices construed against insurer, final notice not just for non-payment of premium but also related to renewal for next 6-month period, did not clearly state that payment was to replenish reserve account required for renewal of policy… premiums for policy period paid in full when crediting service charges for installment payment plan… insured covered for MVA by UIM, entitled to fees/costs… H. Brown. [Read more…]