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…]
Archives for 2015
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…]
Settlements
Plan I
Kenneth George, vertebrae, 6/13, med provisional, $38,900, Paul Odegaard [Read more…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
Expert disclosures, water rights
EXPERT DISCLOSURES adequate in water rights case, exclusion tainted trial… judgment/fees for Defendants following bench trial reversed… Todd reversed. [Read more…]
Statute of limitations, radiologists/hospital
STATUTE OF LIMITATIONS improperly decided on pleadings radiologists dispute… Reynolds reversed. [Read more…]
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