PROPERTY: Summary judgment as to validity of unrecorded quitclaim executed by decedent who continued living on property precluded by disputed issue of intent to deliver deed at time of execution… Spaulding reversed. [Read more…]
Archives for February 2016
Medical marijuana, 2011 Act rulings
MEDICAL MARIJUANA: Rulings on 2011 Act affirmed, reversed… Reynolds affirmed, reversed. [Read more…]
Appeal briefs, handwritten, prisoner civil appeal
APPEAL BRIEFS: Handwritten briefs permitted in appeal of civil case by MSP inmate with “extremely limited” access to computer… order. [Read more…]
Rape, interview expert, child leading questions
RAPE: Expert on leading questions of children improperly excluded based on lack of specific training in NICHD protocol… Rape Shield Law improperly mechanistically applied to exclude proffered evidence that child was abused by her father as opposed to Defendant… convictions reversed, remanded for retrial… Haynes reversed. [Read more…]
Drugs, warrant, CI corroboration
DRUGS: Search warrant application based on CI tip sufficiently corroborated, provided substantial basis for finding probability of criminal marijuana activity, suppression/dismissal properly denied… Gilbert affirmed. [Read more…]
COA, 60(b) motion v. unauthorized habeas petition
COA: Rule 60(B) motion is actually unauthorized 2nd or successive habeas petition, COA denied below and on appeal… Molloy affirmed. [Read more…]
Settlements
Plan I
Kelsey Miller, arms, 6/15, medicals paid, MMI/release to full-time work in 6/15, injured again in 10/15, benefits paid under reservation, employer has accommodated restrictions on use of arms but medical notes document non-work activity including moving boxes and snowboarding which appear to exceed restrictions, disputed MMI and causation, $4,500 new money, stipulated judgment; Alex Evans for Miller, Lucas Wallace for Les Schwab Tire Centers of Montana [Read more…]
Trustee’s sale, STFA notice requirements
TRUSTEE’S SALE properly voided for failure to comply with STFA notice requirements… 2nd sale required… equity favors refund of purchase funds, but issue not properly raised below or on appeal… Knisely affirmed. [Read more…]
Right to know, request for fees from union
RIGHT TO KNOW: Fees from union objecting to disclosure of jailer termination settlement properly denied because it is not public body or governmental agency… Neill affirmed (other grounds). [Read more…]
Double jeopardy, mistrial, alleged goading
DOUBLE JEOPARDY: Insufficient evidence that Prosecution goaded Defense into seeking mistrial, dismissal properly denied… Neill affirmed (IOR I-3(c)). [Read more…]