INEFFECTIVE ASSISTANCE claim attacking validity of guilty plea not waived by guilty plea, but nonetheless time-barred. . . Jones affirmed (other grounds) (IOR I-3(c)). [Read more…]
Archives for 2018
Witness vouching, sex offender registration
WITNESS VOUCHING claim by sex offender registration Defendant rejected. . . Watters affirmed (memorandum). [Read more…]
Drugs, purity of meth by extrapolation
DRUGS: Purity of meth properly extrapolated to quantity found by jury in imposing sentence. . . Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Michael Siegler, soft-tissue neck, 6/92, $112,000, Richard Martin
Thomas Giles, low back, 9/14, $35,000, Michele Levine [Read more…]
Medical malpractice, non-surgical spine expert
MEDICAL MALPRACTICE: Non-surgical spine physician not qualified to opine about standard for spinal fusions. . . Souza affirmed. [Read more…]
Child custody jurisdiction, “temporary absence”
CHILD CUSTODY: 8-9 months in Minnesota was a “temporary absence” from Montana, Montana properly found to be home state with jurisdiction. . . Townsend affirmed. [Read more…]
Ineffective assistance, bond release no contacts arrest
INEFFECTIVE ASSISTANCE: Failure to move to suppress drugs found incident to arrest for bond violation not addressed on direct appeal as it is not clear whether bond order allowing “immediate arrest” for forbidden contacts was proper, but counsel ineffective for advising Judge that he had no authority to suspend or defer PFO drug Defendant’s sentence, remanded for resentencing . . . Boucher affirmed, reversed. [Read more…]
Stalking/restitution, limited courtroom view of victim
STALKING/RESTITUTION: Right to confront victim not infringed by limited view of her due to courtroom configuration. . . $42,264.06 restitution properly ordered . . . Larson affirmed. [Read more…]
Sentencing, insurance fraud, ability to pay fines/costs
SENTENCING: Fines, costs, fees, charges improperly imposed on insurance fraud Defendant without consideration of statutory criteria for ability to pay. . . issue preserved for appeal by general objection, not necessary to again object after imposition of sentence. . . $500 felony surcharge exceeds 10% maximum on a $2,500 fine. . . McMahon reversed (IOR I-3(c). [Read more…]
Rape, 25-year parole restriction under Jessica’s Law
RAPE: 25-year parole restriction under Jessica’s Law properly imposed on “guilty but mentally ill” DPHHS commitment. . . Fagg affirmed (IOR I-3(c)). [Read more…]
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