INSURANCE: Burning branches from trees that were felled to prevent damage to vehicles not necessary part of preventing damage to/maintaining vehicles, no coverage of neighboring property burned in wildfire… decision based on insurer’s cross-appeal… Menahan reversed. [Read more…]
Archives for February 2017
Foreclosure, 2005 interspousal deed
FORECLOSURE: Widow’s pro se challenge of foreclosure based on alleged irregularities underlying 2005 note in husband’s name rejected as time-barred despite 2013 DOJ letter alerting borrowers to interspousal transfer deed practice… Haynes affirmed. [Read more…]
Mental commitment, homicidal/suicidal statements
MENTAL COMMITMENT: Homicidal/suicidal statements sufficient proof of imminent threat… Moses affirmed (IOR I-3(c)). [Read more…]
Quiet title, default, service by publication
QUIET TITLE properly granted via default judgment over claim of fraudulent service by publication… Moses affirmed (IOR I-3(c)). [Read more…]
Speedy trial, traffic charges, 1,288 days
SPEEDY TRIAL claim by traffic Defendant who failed to appear until arrested years later rejected… presumption of prejudice from 1,288 days delay rejected, no actual prejudice from self-induced delay… Wilson/ Ortley affirmed. [Read more…]
Speedy trial, jail in concurrent case, 625 days
SPEEDY TRIAL claim of Defendant who bonded out of Yellowstone case but then held in BSB jail on unrelated charges rejected… Knisely affirmed. [Read more…]
Speedy trial, kidnap, “missing” victim, 374 days
SPEEDY TRIAL: Charge against kidnap Defendant incarcerated 374 days dismissed due to State’s delay in producing surveillance tapes and access to “missing” alleged victim who was in another jail… Best. [Read more…]
Environment, Gallatin projects, lynx/grizzlies
ENVIRONMENT: Gallatin Forest projects properly enjoined as to lynx habitat, upheld as to grizzlies… Christensen affirmed (unpublished). [Read more…]
Environment, Cabin Gulch, elk/grizzlies
ENVIRONMENT: Challenge to Cabin Gulch Vegetation Project based on elk and grizzly concerns properly rejected… Christensen affirmed (unpublished). [Read more…]
Traffic stop, unreasonably prolonged for drugs
TRAFFIC STOP unreasonably prolonged to initiate drug investigation without independent reasonable suspicion per new USSC ruling… denial of motion to suppress drug evidence reversed… Watters reversed (unpublished). [Read more…]
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