ATTORNEY TESTIMONY: Supervisory control of Dayton granted quashing subpoena compelling attorney to testify whether she told former drug client about PTC in bail jumping case. . . 1st impression. . . order. [Read more…]
Archives for April 2018
Deliberate homicide, justifiable force comments
DELIBERATE HOMICIDE: Prosecutor’s closing comments on justifiable force not prejudicial to fair trial warranting plain error review. . . . Olson affirmed. [Read more…]
Drugs, passenger plea agreement
DRUGS: Evidence of passenger’s plea agreement for impeachment purposes improperly excluded in trial of driver in whose vehicle drugs were found. . . conviction reversed, remanded for new trial. . . Langton reversed. [Read more…]
Right to jury, failure to appear at confirmation
RIGHT TO JURY: Failure to appear at jury confirmation hearing not excused by Defendant’s misreading of order and misunderstanding need for a 2nd confirmation hearing following mistrial, properly found to have waived jury for DUI/obstruction trial. . . Swingley/Seeley affirmed. [Read more…]
Aggravated DUI, trooper’s cut & paste reports
AGGRAVATED DUI: Particularized suspicion for administering field tests following speeding stop. . . Defendant improperly precluded from introducing or referencing trooper’s 29 cut & paste reports for impeachment purposes . . . prior DUIs improperly presented to jury to show aggravating element when judicial notice would suffice. . . conviction reversed. . . Reynolds affirmed, reversed. [Read more…]
Mobile home contract, RISA
MOBILE HOME CONTRACT: No private cause of action under RISA. . . defaulting Plaintiff’s claims dismissed pursuant to Rule 12(b)(6). . . Moses. [Read more…]
Mobile home contract, UCC
MOBILE HOME CONTRACT: Release of defaulting purchaser not violative of UCC. . . Plaintiff’s claims dismissed on summary judgment. . . Sousa. [Read more…]
SSD
SSD claim properly denied. . . Morris affirmed (unpublished). [Read more…]
Environment, snag density
ENVIRONMENT: East Deerlodge snag density challenge properly rejected. . . Christensen affirmed (unpublished). [Read more…]
Plea agreement, ineffective assistance remedy
PLEA AGREEMENT: Reoffer of original plea agreement proper habeas remedy for counsel’s failure to inform Defendant of a favorable plea offer. . . Lynch/Molloy affirmed (unpublished). [Read more…]
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