Montana Law Week

The Weekly Digest of Montana Law

Archives for August 2018

Settlements

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Plan I

Laurie Nelson, left ankle, 8/05, Claimant’s physician Michael Botte opined that she had left foot conditions and left lower extremity neurological conditions unrelated to 8/05 ankle dislocation, based on §39-71-407(7) (objective medical findings), Claimant’s testimony, and medical opinions, MSGIA denied liability for all benefits related to left lower extremity neurological conditions and left foot conditions, $350,000 for all claims, stipulated judgment; Russell Plath for Nelson, Morgan Weber for MSGIA [Read more…]

Attempted deliberate homicide, conduct v. result

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ATTEMPTED DELIBERATE HOMICIDE: Conduct-based instructions improperly given on purposely and knowingly, but harmless as substantial rights not affected. . . State should have confirmed existence of crime scene photos which detective “believed” he had taken shortly after shooting and provided them to the Defense, but the Brady violation was harmless as no reasonable probability of different outcome. . . convictions affirmed. . . Wheelis affirmed. [Read more…]

Rape of step-daughter, digital penetration

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RAPE: Defendant opened door to testimony about assault on brother to explain why 16-year-old step-daughter and mother did not leave home after girl disclosed Defendant’s digital penetration. . . not established that jurors watched interview video that was sent into jury room or gave undue consideration to contents in which girl described penetration on 3 nights while testifying at trial to only 1 night. . . conviction (as to that 1 night) affirmed. . . Seeley affirmed. [Read more…]