MARITAL: Majority rule adopted that SS not allowed as basis for an offsetting award but may be considered when dividing property… amount of maintenance improperly based on conclusion that wife’s expenses should be same as husband’s… termination of maintenance properly keyed to husband being no longer “gainfully employed”… Manley affirmed, reversed. [Read more…]
Archives for September 2015
Marital, up-front equalization payment, ranch sale
MARITAL: Up-front equalization properly ordered with potential of forced sale of ranch as incentive… tax consequences of ranch sale should be considered… ranch properly valued… Knisely affirmed, reversed. [Read more…]
Marital, wife with oil trusts, impecunious husband
MARITAL: Property, maintenance, attorney fee awards involving wife with oil trusts, impecunious husband, affirmed… Allison affirmed (IOR I-3(d)). [Read more…]
Judicial immunity, removal of child
JUDICIAL IMMUNITY: Judge immune from suit seeking damages for alleged wrongful removal of child… Fagg affirmed (IOR I-3(d)). [Read more…]
Revocation, jail escapee, notice of conditions
REVOCATION/SENTENCING: Suspended sentence properly revoked before suspension began… Defendant who escaped shortly after sentencing not denied due process by not being given probation conditions… unauthenticated out-of-state documents offered to show that Montana knew of whereabouts improperly excluded, but error harmless… MSP sentence improperly imposed upon revocation when original sentence imposed DOC commitment… Defendant should be credited for 17 months served between release by Oregon and extradition by Montana… Deschamps affirmed, reversed. [Read more…]
Sentencing, firearms sold to pay jail costs
SENTENCING: Firearms improperly ordered sold to pay jail costs… Huss reversed. [Read more…]
Sentencing, assault on mother, no contact with kids
SENTENCING: No contact with children properly imposed on father convicted of assaulting mother… Huss affirmed. [Read more…]
Jury, Judge’s inquiry as to deliberations
JURY: Infringement on right to be present during Judge’s inquiry during deliberations as to whether jury would reach a verdict that night was trivial, new trial after conviction of assault of officer properly denied… Tucker affirmed. [Read more…]
PFMA, coaching by victim advocate, love texts
PFMA: New trial properly denied based on claim that girlfriend was coached by victim advocate and text messages from girlfriend were improperly excluded… H. Brown affirmed (IOR I-3(d)). [Read more…]
Volunteer immunity, exchange student’s ski death
VOLUNTEER IMMUNITY: Host family immune from liability for exchange student’s death from falling into tree well… Molloy. [Read more…]