FELA: Supervisory control of Macek denied as to grant of FELA release rescission… order. [Read more…]
Archives for 2015
Marital, grandmother parenting plan venue
MARITAL: Venue for parenting plan motion by grandmother proper in Flathead where child “found,” improperly changed to Hill where unmarried minor mother resides… Allison reversed. [Read more…]
Parental rights, withdrawal of relinquishment
PARENTAL RIGHTS: Withdrawal of relinquishment properly denied for failure to establish “duress” under any definition… Baugh affirmed (IOR I-3(d)). [Read more…]
Sentencing, treatment facility, “incarceration”
SENTENCING: Time in treatment facility not “incarceration,” properly not credited against sentence… $500 counsel costs in oral pronouncement prevails over $800 in written judgment… Larson affirmed, reversed. [Read more…]
Rape, knowledge of non-consent
RAPE: Instruction that Defendant must know that woman did not consent properly rejected… Simonton affirmed (IOR I-3(d)). [Read more…]
Hunting, undercover agents, tapes in jury room
HUNTING: Evidence obtained by undercover agents of violations by Defendant who solicited hunting on his ranch properly admitted… jury properly allowed to take into deliberations tapes of conversations between agents and Defendant… McLean affirmed (IOR I-3(d)). [Read more…]
Home defects, summary judgment rulings
HOME DEFECTS: Summary judgment rulings as to claims of defects in subdivision home resulting from expansive clay soils… Sandefur. [Read more…]
Legislature, unannounced caucus meetings
LEGISLATURE: Motion to hold House GOP Caucus in contempt for unannounced meeting denied because 1998 judgment that caucuses are subject to Art. II §9 did not include notice requirement… Seeley. [Read more…]
Settlements
Plan II
Alvin Philabaum, low back, 2/11, disputed PT, $280,449, Tom Murphy [Read more…]
Restitution, counseling, protective order violation
RESTITUTION: Counseling costs for sex abuse accuser improperly imposed for violation of order of protection… McLean reversed. [Read more…]
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