INSURANCE: AD&D policy coverage of death from meds overdose improperly denied on summary judgment based on miscellaneous casualty insurance rather than “disability insurance”. . . Watters reversed (unpublished). [Read more…]
Archives for April 2018
Malicious prosecution, game/insurance fraud
MALICIOUS PROSECUTION claims asserted following failed prosecution of game and insurance fraud charges properly dismissed on summary judgment. . . Christensen affirmed (unpublished). [Read more…]
Vehicle search, suspicion of narcotics trafficking
VEHICLE SEARCH: Traffic stop properly based on speeding. . . anonymous tip provided sufficient basis to prolong based on suspicion of narcotics trafficking. . . Christensen affirmed (unpublished). [Read more…]
Vehicle search/speedy trial
VEHICLE SEARCH/SPEEDY TRIAL claims properly rejected. . . Watters affirmed (unpublished). [Read more…]
Settlements
Plan I
Heidi Butcher, multiple, 12/13, baker for Lewistown School Dist., MSGIA accepted claim as temporary thoracic strain and denied all other body parts, treatment, and benefits, numerous significant disputes as to liability for medical conditions, treatment, entitlement to indemnity, $65,000 for all claims, stipulated judgment; Michele Levine for Butcher, Morgan Weber for MSGIA [Read more…]
HOA/LTA: LTA neighbor standing, HOA restrictions
HOA/LTA: LTA claims against Plaintiff’s neighbor that provides assisted living services properly dismissed for lack of standing. . . HOA business and quiet use restriction claims improperly dismissed under 12(b)(6) . . . Ulbricht affirmed, reversed. [Read more…]
Postconviction, “new evidence,” van/bike collision
POSTCONVICTION: Victim’s latent recollection that he swerved his bike in front of Defendant’s van rather than Defendant running him down not “newly discovered evidence” of “actual innocence” of attempted mitigated homicide. . . counsel not ineffective for not interviewing victim based on belief that he had no recollection. . . Larson affirmed. [Read more…]
Sentencing, no-contact conditions, PFMA
SENTENCING: No-contact conditions properly imposed on PFMA Defendant. . . Todd affirmed. [Read more…]
Ineffective assistance, aggravated burglary/rape
INEFFECTIVE ASSISTANCE claims by rape Defendant rejected. . . Pinski affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal, untimely brief
MUNICIPAL COURT APPEAL properly dismissed for failure to file brief within 15 days despite notice of intent to have transcript of hearing recording prepared. . . J. Brown affirmed (IOR I-3(c)). [Read more…]