SEARCH & SEIZURE: Passenger detained during investigation of ATL vehicle was seized without objective facts, confession/consent to search purse obtained as result of illegal seizure, drugs/paraphernalia should be suppressed… Olson reversed. [Read more…]
Archives for 2015
Order of protection, successive interrupted calls
ORDER OF PROTECTION: 4 successive calls from jail properly charged as 4 counts over argument that they were continuation of interrupted calls… Simonton affirmed. [Read more…]
Suspended sentence conditions, modification
SUSPENDED SENTENCE CONDITIONS of sex offender properly modified following discharge from prison… Ulbricht affirmed (IOR I-3(d)). [Read more…]
$1,733,887.40 verdict, basement dewatering
VERDICT: $233,887.40 compensatory, $1.5 million punitives, negligent design or installation of dewatering system in home with basement below water table… principal liable for judgment for fraudulent transfer of assets. [Read more…]
Firearms while subject to court order, jury
FIREARMS WHILE SUBJECT TO COURT ORDER: Jury properly allowed to view traffic stop video (exhibit, not trial testimony) during deliberations, did not violate right to be present at all stages… 4-level enhancement warranted by guns in car and evidence of contemplated drug transaction… Molloy affirmed. [Read more…]
Political contributions, en banc denial
POLITICAL CONTRIBUTIONS: Panel opinion that Montana’s contribution limits must be tested under more restrictive Citizens United test replaced with amended opinion, en banc rehearing denied… order. [Read more…]
Scheduling order amendment request
SCHEDULING ORDER: Ongoing discovery dispute, recent developments in Montana insurance law, not good cause for amending order… Molloy. [Read more…]
Joinder/intervention, ARD claimant’s employer
Joinder/intervention of Decedent’s employer claiming interest because it paid medicals via entity it funded and agreed to indemnify insurer for any OD benefits it pays denied… Sandler. [Read more…]
Settlements
Plan I
David Koch, shoulder, 6/14, disputed past-due and ongoing indemnity and medical $35,000, stipulated judgment; Matthew Murphy for Koch, Morgan Weber for MSGIA [Read more…]
Insurance, auto policy renewal nonpayment
INSURANCE: Auto policy properly canceled for nonpayment of renewal premium, no coverage for loss of new truck… Bidegaray affirmed. [Read more…]
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