MARITAL: Husband properly removed from contempt/order of protection hearing 5 minutes before end of hearing. . . sufficient evidence of threats/aggression and violation of decree’s no-contact order to issue permanent order of protection. . . Gilbert affirmed (IOR I-3(c)). [Read more…]
Archives for July 2018
Deliberate homicide, sole eye-witness meth use
DELIBERATE HOMICIDE: Evidence of meth use by sole eye-witness should have been allowed to potentially impugn her perception of the event and for impeachment of her credibility, conviction reversed, remanded. . . “first aggressor” instruction properly given along with justifiable force instruction. . . failure to locate gun insufficient to support tampering. . . Knisely affirmed, reversed. [Read more…]
Protective order, speedy trial, pretrial delay
PROTECTIVE ORDER/SPEEDY TRIAL: Erroneous calculation of pretrial delay resulted in erroneous ruling that 200-day trigger had yet to lapse. . . no showing that 2006 predicate order was constitutionally invalid. . . Cybulski affirmed, reversed. [Read more…]
$3,519.61 verdict, low-speed rear-end MVA
VERDICT: $3,519.61 past medicals only, low-speed rear-end MVA. [Read more…]
Tax Injunction Act, religious education donations
TAX INJUNCTION ACT deprives Federal Courts of jurisdiction over challenge to Montana regulation that denies tax credit for donations applied to religious education . . . Haddon affirmed (memorandum). [Read more…]
Involuntary manslaughter, new trial denied
INVOLUNTARY MANSLAUGHTER: New trial properly denied. . . Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Justin Siegfried, various injuries, 6/05, 10/05, 7/09, 4/10, 10/13, 4/15, 7/16, 10/17, Stillwater Mining initiated benefits that were due as appropriate, various disputes regarding cooperation with medical care, ability to work, wage loss, $50,000 for all claims, stipulated judgment; Lucas Wallace for Siegfried, Joe Maynard for Stillwater [Read more…]
Mandamus, reverse voiding of septic permit
MANDAMUS properly denied to reverse voiding of septic permit. . . Gilbert affirmed. [Read more…]
Supervisory control, slip & fall expert disclosure
SUPERVISORY CONTROL of Hayworth denied as to reopening discovery in slip & fall case on expert disclosure issue. [Read more…]
Legal malpractice, criminal defendant “contract” claim
LEGAL MALPRACTICE: Gravamen of breach of contract claim against criminal attorney is malpractice, properly found time-barred. . . Menahan affirmed (IOR I-3(c)). [Read more…]