Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Attempted deliberate homicide, conduct v. result

By

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

By

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…]

Payroll software, licensing agreement, tort/contract

By

PAYROLL SOFTWARE dispute properly resolved on summary judgment in favor of Defendant as to licensing agreement and in favor of Plaintiff on tort and contract counterclaims. . . Defendant’s 2nd motion to compel discovery properly denied as futile despite Plaintiff’s initial non-descriptive boilerplate and incomplete responses. . . no abuse of discretion in denying fees to Defendant based on contract or §27-8-313. . . Gustafson affirmed. [Read more…]