WATER: Teton River rights properly adjudicated on remand. . . Ritter affirmed. [Read more…]
Archives for February 2018
Juror challenge, similar DUI experiences
JUROR CHALLENGE: Juror with experience with DUI drivers properly seated despite State’s improper and unnecessary rehabilitative questions as to “fairness”. . . felony DUI conviction affirmed. . . H. Brown affirmed. [Read more…]
Postconviction, divorce/ranch sale collateral challenge
POSTCONVICTION petition by Defendant sentenced to 75 years in prison for going on ranch that he claims is still his due to void 1979 divorce decree and sheriff’s sale properly rejected. . . Defendant properly precluded from collaterally attacking decree and sale in criminal case. . . “optional” overlength section of brief challenging “short-shrift disposition” opinions not addressed. . . Langton affirmed (IOR I-3(c)). [Read more…]
Boxing contract, summary knockout v. jury score
BOXING CONTRACT: Dispute over whether boxer who was disqualified after “body slamming” opponent exhibited his skills in “good faith” and therefore entitled to $25,000 purse not amenable for summary knockout by the Judge, but for jury to score the contest following spar in courtroom arena. . . Newman. [Read more…]
Robocall statute, home peace & tranquility
ROBOCALL STATUTE not violative of free speech in protecting peace & tranquility of the home, §1983 claim dismissed on summary judgment. . . robocaller had standing to bring challenge, not barred by door-closing statute. . . Lovell. [Read more…]
Trip over dogs v. lifting bucket, employer statements
Admissibility of employer’s written statements recounting that Petitioner said she hurt her shoulder when she tripped over her dogs reserved for trial. . . Sandler. [Read more…]
Settlements
Plan I
Wayne Baker, lungs, 6/15, disputed, $45,000, Tom Lewis
Shawn Polen, spinal cord, 12/15, $30,000, Leslae Dalpiaz [Read more…]
Jurisdiction, MVA fatality, school employee
JURISDICTION: Tribal Court has personal and subject jurisdiction over MVA fatality involving School Dist. employee. . . John Robinson. [Read more…]
Work comp theft, “were they lying?”, $70.680.34
WORK COMP THEFT: Ineffective assistance claims including failure to object to Prosecutor’s “were they lying?” rejected. . . wage garnishment properly admitted as probative of motive to stage “accident”. . . $70,680.34 restitution for faked claim properly imposed. . . Seeley affirmed. [Read more…]
Aggravated assault, IPV future health risks
AGGRAVATED ASSAULT: ER physician’s testimony as to patient’s “verbal history” properly admitted as non-violative of confrontation rights and under Rule 803(4) hearsay exception as statement for purpose of medical treatment, including assessing future health risks for victim of the Intimate Partner Violence public health problem. . . conviction affirmed. . . J. Brown affirmed. [Read more…]