ROBBERY: Plain error review declined for claims of pretrial punishment by being held in solitary & restraints for 5 months prior to sentencing, allegedly sanctioned by Judge at transport hearing while Defendant was at MSH for fitness evaluation… “criminal purpose” of robbery not completed when shoplifted goods were abandoned outside store after being confronted, ripened into felony robbery when he injured or threatened to injure pursuers… Defendant required to testify to lay foundation for justifiable force… Deschamps affirmed. [Read more…]
Archives for 2015
DUI, crossing/touching lines, photogrammetry
DUI: Particularized suspicion for stopping vehicle based on crossing yellow line early Sunday, plus weaving and touching lane line 2nd time, over testimony of photogrammetry expert… Langton affirmed (IOR I-3(d)). [Read more…]
Sentencing, discharge date in excess of sentence
SENTENCING: Discharge date that falls year or more after end date of original 15 years for SIWC was due to Defendant’s conduct in repeatedly violating probation… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Speedy trial, misdemeanor DUI
SPEEDY TRIAL claim in misdemeanor DUI case properly denied due to continuances granted for Defendant and evidence of willingness to postpone trial based on attorney’s representation that she planned to file speedy trial waiver… Swingley/Seeley (IOR I-3(d)). [Read more…]
Insurance, anti-stacking provision
INSURANCE: Anti-stacking provision upheld, certification denied… Christensen affirmed (unpublished). [Read more…]
Indians, tribal convictions/subsequent convictions
INDIANS: Tribal convictions may be used in subsequent prosecutions only if right to counsel guaranteed… petition for rehearing of Panel reversal of Cebull denied. [Read more…]
Migratory birds, sale of eagles, parts
MIGRATORY BIRDS: Conspiracy to kill, transport, sell eagles is felony, trafficking in bird parts is misdemeanor… Molloy affirmed, reversed. [Read more…]
Settlements
Plan I
Laurance Phillips, lumbar, 3/14, fell from ladder at Missoula Co. fairgrounds, disputed liability for additional wage loss and/or indemnity, extent of disability, whether insurer acted reasonably, $12,000, stipulated judgment, medical reserved; Howard Toole for Phillips, Andrew Huppert for Missoula Co. Workers Compensation Authority [Read more…]
Home defects, leaky roof, limitations/repose
HOME DEFECTS: Leaky roof negligence/negligent misrepresentation claims barred by statutes of limitations and repose… some CPA claims arising from 2001 construction and subsequent inspections & repairs time-barred, some not… expert not required for CPA claims as to contract and billing… Gustafson affirmed, reversed. [Read more…]
Work comp, unnamed insured employer, exclusivity
WORK COMP: Unnamed direct employer was additional insured under umbrella entity’s comp policy per intent of parties, entitled to exclusivity immunity from employee who received $207,147 comp… Neill affirmed. [Read more…]
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