FELA: ARD defense verdict affirmed over evidentiary, trial misconduct, discovery misconduct claims. . . Ulbricht affirmed. [Read more…]
Archives for August 2018
Initiative, I-185 tobacco tax ballot statement
INITIATIVE: I-185 tobacco tax ballot statement legally sufficient. . . opinion & order. [Read more…]
Parental rights, potential “Indian child”
PARENTAL RIGHTS: Indian mother’s rights improperly terminated without conclusive tribal determination of children’s membership/eligibility. . . Newman reversed. [Read more…]
Rape/burglary/assault, apprehension of death
RAPE/BURGLARY/ASSAULT: Challenge of Lab’s blood/DNA processing properly rejected. . . apprehension of “death” properly included in aggravated assault instruction. . . restitution for damages to victim’s home properly awarded based solely on her testimony. . . convictions affirmed. . . Todd affirmed. [Read more…]
Restitution, affidavit/testimony of victims
RESTITUTION improperly awarded without affidavit or testimony of victims specifically describing their losses . . . Jones reversed. [Read more…]
Environment, Gravelly Range domestic sheep grazing
ENVIRONMENT: Appeal of Morris’s partial summary judgment in challenge of Gravelly Range domestic sheep grazing dismissed for lack of jurisdiction (memorandum). [Read more…]
Harboring fugitive, warrantless search of home
HARBORING FUGITIVE: Challenge to warrantless search of home where fugitive was found in crawlspace properly rejected. . . failure to inquire into potential conflict of Federal Defenders office representing Defendant and fugitive for several days requires remand for hearing as to an “actual conflict”. . . Morris affirmed, reversed (memorandum). [Read more…]
Supervised release, “long condition” alcohol/associations
SUPERVISED RELEASE: “Long condition” pertaining to alcohol and associations permissible. . . “controlled substances” vague as could apply to legally obtained controlled substances, remanded for clarification. . . Molloy affirmed, remanded (memorandum). [Read more…]
Common carrier duty of care, rape by Amtrak employee
COMMON CARRIER DUTY OF CARE: Amtrak liable for damages to passenger raped by sleeper car attendant under Montana duty of care to passengers. . . Amtrak’s reliance on general course & scope rule rejected. . . Johnston/Morris. [Read more…]
Failure to use medical benefits, surgery delay
Medical benefits terminated for failure to use for 60 months, approved bone spur surgery delayed too long, not saved by prothesis exception. . . Sandler. [Read more…]