IAC claims by intimidation/tampering Defendant properly denied… Langton affirmed. [Read more…]
Archives for August 2017
Postconviction, untimely IAC, equitable exception
POSTCONVICTION: Equitable exception to untimely IAC claim properly denied Canadian drug Defendant faced with deportation… Seeley affirmed (IOR I-3(c)). [Read more…]
Search & seizure, jail phone recording, MSP nurse
SEARCH & SEIZURE: No standing by jail inmate to contest recording of conversation consented to by another inmate which resulted in tampering charge against nurse accused of SIWC at MSP… Dayton affirmed (other grounds) (IOR I-3(c)). [Read more…]
Environment, $99,294,000 CERCLA contribution
ENVIRONMENT: Smelter operator brought timely action against predecessor for contribution toward $99,294,000 CERCLA settlement… remanded for determination whether Plaintiff entitled to contribution and how much… 1st impression issues… Christensen reversed. [Read more…]
Stay, federal v. state mining condemnation
STAY of federal mining condemnation should have been granted pending parallel State Court action… Christensen reversed. [Read more…]
Settlements
Plan I
Rita Carlson, buttocks, 12/14, $70,000, medical closed, Michele Levine
Mark Paddock, wrist, 5/15, disputed, $5,000, Alex Evans [Read more…]
Consumer Protection Act jurisdiction/venue
CPA JURISDICTION/VENUE: Chouteau Co. Court had jurisdiction over dispute involving trailer purchased in Billings from Bozeman corporation and delivered to Chouteau… venue also proper in Chouteau under CPA (1st impression)… Boucher affirmed. [Read more…]
Deliberate homicide, deputy laying spike strips
DELIBERATE HOMICIDE: “Most reasonable interpretation” circumstantial instruction did not undercut proof beyond a reasonable doubt… conviction stemming from high-speed pursuit strike of Deputy laying spike strips affirmed… Sandefur affirmed. [Read more…]
Double jeopardy, aggravated assault, felony PFMA
DOUBLE JEOPARDY not implicated by prosecution for aggravated assault after guilty plea to felony PFMA was vacated… Todd affirmed. [Read more…]
Deceptive practices, Internet scams
DECEPTIVE PRACTICES: Prior investigations and convictions properly admitted in Internet scam case… detective properly allowed to testify as scam expert over late-disclosure objection… instruction for misdemeanor theft properly rejected based on value of bad checks… Deschamps affirmed. [Read more…]