DUI: Defendant failed to rebut presumption of regularity by asserting that he was not aware of his right to counsel in prior DUI proceedings and did not sign a waiver in addition to finding of lack of credibility… felony DUI affirmed… Larson affirmed. [Read more…]
Archives for 2017
DUI, sitting at green light
DUI: Particularized suspicion to stop car that had been sitting at green light on crosswalk at 2:20 a.m…. Kolar/Fagg affirmed (IOR I-3(c)). [Read more…]
Vehicular assault, rehearing request
VEHICULAR ASSAULT/ENDANGERMENT: Rehearing of denial of postconviction claims by bus driver who struck student denied… order. [Read more…]
Revocation, Judge discussing prior revocations
REVOCATION: No abuse of discretion in discussing prior revocations… credit for probation time properly denied… Hayworth affirmed (IOR I-3(c)). [Read more…]
Foreign judgment, Washington v. Montana law
FOREIGN JUDGMENT subject to Washington law, not renewable in Montana after 20 years… McElyea. [Read more…]
Sheriff/CA immunity, easement dispute citation
SHERIFF/COUNTY ATTORNEY IMMUNITY improperly denied for trespass citation to person claiming secondary easement to access irrigation headgate (citation subsequently dismissed, easement subsequently established in State Court)… Ostby reversed (unpublished). [Read more…]
IME, recording, report direct to Claimant
Petitioner not entitled to audio recording of history part of IME… has right to IME report directly from provider… good cause for panel IME… DLI affirmed… Sandler. [Read more…]
Settlements
Plan I
Dawn Burrington, wrist, 8/12, $20,000, medical closed, Richard Martin [Read more…]
Insurance, attorney fees, UIM excess verdict
INSURANCE: When UIM insured is compelled to pursue litigation and a jury awards more than settlement offer, insurer must pay attorney fees… Plaintiff was compelled to sue, jury returned $450,000 verdict, insurer offered $77,500… Menahan reversed. [Read more…]
Foreclosure, Canadian oilman’s Whitefish property
FORECLOSURE of Canadian oilman’s loan on Whitefish vacation property and $8,320,661 judgment properly granted under Montana law for foreclosure and NY law for defenses/counterclaims… Ortley affirmed. [Read more…]
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