DRUGS: Claim that Defendant was compelled to grow marijuana to treat chronic pain undercut by avowed purpose of testing Montana law, lack of evidence of compulsion… McLean affirmed (IOR I-3(d)). [Read more…]
Archives for 2015
DUI, prior DUIs enhancement
DUI: Challenge of prior DUIs underlying felony properly rejected… Salvagni affirmed (IOR I-3(d)). [Read more…]
Directed verdict, claimed gravel pit effects
DIRECTED VERDICT: Claimed effects of gravel pit on residence in subdivision… Knisely. [Read more…]
Sentencing, sex offender release conditions
SENTENCING: Release conditions for failure to register as sex offender affirmed, vacated… Molloy affirmed, reversed (unpublished) [Read more…]
Sentencing, sex abuse, force enhancement
SENTENCING: Sufficient evidence of force in sexual assault to support enhancement… Christensen affirmed (unpublished). [Read more…]
Discovery sanctions, refusal to attend deposition
DISCOVERY SANCTIONS: Prisoner’s search & seizure suit dismissed for refusal to appear for deposition, Defendants’ request for fees denied… Ostby. [Read more…]
Settlements
Plan I
William Newman, knee, 2/11, disp PT, med res, $80,000, Robert Ogg
Viola Gray, shoulder(s), 11/01, $75,000, Richard Martin [Read more…]
Sexual harassment, commercial real estate
SEXUAL HARASSMENT: “Improved or unimproved property” in HRA includes commercial real estate including complainant’s commercial lease, not just housing (1st impression)… Gilbert affirmed. [Read more…]
Marital, un-served TRO, IRA amendment
MARITAL: Because husband did not serve wife with divorce TRO within 3 years, the TRO, although never dismissed, was rendered ineffective and he was not prohibited from amending his IRA to remove wife as beneficiary and name children as primary beneficiaries… Dayton affirmed (other grounds). [Read more…]
Marital, “domiciled 90 days” jurisdictional defect
MARITAL: Any jurisdictional defect of wife not being domiciled in Montana for 90 days preceding her petition was cured when she established domicile for 90 days and filed a “supplemental pleading” alleging such (1st impression)… Lympus affirmed. [Read more…]