POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]
Archives for 2015
Marital, lumber business, pre-acquired/inherited
MARITAL: Division of estate with lumber business and considerable pre-acquired/inherited property… no nonmonetary contributions… property in lieu of maintenance… J. Brown. [Read more…]
Wire fraud, Indian Days scam
WIRE FRAUD conviction in Indian Days scam affirmed… Christensen affirmed (unpublished) [Read more…]
Settlements
Plan I
Jan Silvesan, low back, 12/13, medical closed, $5,000, Leslae Dalpiaz [Read more…]
Work comp, standing, cy pres claim
WORK COMP: PR has standing to assert, WCC has jurisdiction over, claim that $95,846 asbestosis medicals paid by Libby Medical Plan for which neither Plan nor Grace will accept reimbursement from insurer should be paid pursuant to cy pres, not retained by insurer… remanded for merits of claim… Shea reversed. [Read more…]
Guardianship/conservatorship, contempt/arrest
GUARDIANSHIP/CONSERVATORSHIP: Cert/prohibition challenging Montana contempt/arrest orders in California trust whose trustee/protected person moved to Montana denied… Haynes affirmed (order). [Read more…]
Conversion, res judicata, default
CONVERSION claim properly rejected on summary judgment based on res judicata of prior identical claim… no basis for default judgment as no default had been entered… McKeon affirmed (IOR I-3(d)). [Read more…]
Marital, parenting plan amendment
MARITAL: 2009 parenting plan properly amended in 2013 to switch primary custody to father in Colorado… Gustafson affirmed (IOR I-3(d)). [Read more…]
Parental termination, Tribal Court jurisdiction
PARENTAL TERMINATION/INDIANS: Transfer to Tribal Court properly denied as untimely… parental rights properly terminated… McLean affirmed. [Read more…]
Sex offender address, jury challenge, jury query
SEX OFFENDER ADDRESS: Claim of ineffective assistance for not challenging for cause panelist who was concerned about Defendant not testifying more amenable to postconviction… jury query as to whether detective actually went to motel room or just checked at office when looking for Defendant properly responded to with partial trial transcript… fines/fees illegally imposed in judgment when not in pronouncement… sex offender designation illegally imposed on failure to notify of change of address… Larson affirmed, reversed. [Read more…]