ADOPTION: Termination of mother’s rights and adoption by Father and new wife properly denied… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Archives for March 2017
Theft/burglary, circumstantial evidence, IAC
THEFT/BURGLARY: Sufficient circumstantial evidence… Christopher affirmed (IOR I-3(c)). [Read more…]
PFMA, prior inconsistent statement
PFMA: Corroborating evidence of prior inconsistent statement must be reliable but need not be direct evidence of each element… bodily injury element supported by independent evidence besides wife’s recanted statement… Wood/Reynolds affirmed. [Read more…]
DUI, passive BAC test compliance
DUI: Passive compliance with blood test insufficient withdrawal of implied consent… Bolstad/Macek affirmed. [Read more…]
DUI, escape from hospital prior to blood draw
DUI: Escape from hospital prior to blood draw not amenable to tampering charge as blood still in body is not evidence… Deschamps reversed. [Read more…]
Sentencing, alcohol bans based on old DUIs
SENTENCING: 7 DUIs before 2008 sufficient to impose alcohol bans on negligent endangerment Defendant who fled 2015 MVA… Kolar/Fagg affirmed. [Read more…]
Sentencing, drugs, alleged jail rape
SENTENCING: No showing that alleged jail rape was considered in drug sentence… Langton affirmed. [Read more…]
Ineffective assistance, mitigated homicide
INEFFECTIVE ASSISTANCE claims by mitigated deliberate homicide Defendant properly denied without hearing… Townsend affirmed (IOR I-3(c)). [Read more…]
Youth, private group home to Pine Hills
YOUTH properly transferred from private group home to Pine Hills despite mistaken belief that case was subject to probation revocation… counsel not ineffective for not objecting to procedure (AS standard retained over advocacy for Strickland)… Olson affirmed (other grounds). [Read more…]
Shopping center leases, fraudulent inducement
SHOPPING CENTER LEASES: Case law as to fraudulent inducement applies to leases as well as purchases/sales, disputed fact issues as to whether Defendant was fraudulently induced into lease by representations as to environmental remediation issues and whether Defendant anticipatorily repudiated leases… motion to quash subpoenas duces tecum based on alleged confidential information denied, fees/costs denied for responding… declaratory decree denied as to how Montana law treats subsequent sale of leased property… MOU filed under seal out of abundance of caution… discovery compelled as to subsequent sale, fees/costs awarded… J. Brown. [Read more…]