SSD claim properly denied. . . Morris affirmed (unpublished). [Read more…]
Archives for 2018
Environment, snag density
ENVIRONMENT: East Deerlodge snag density challenge properly rejected. . . Christensen affirmed (unpublished). [Read more…]
Plea agreement, ineffective assistance remedy
PLEA AGREEMENT: Reoffer of original plea agreement proper habeas remedy for counsel’s failure to inform Defendant of a favorable plea offer. . . Lynch/Molloy affirmed (unpublished). [Read more…]
Insurance, arbitration clause, defend/indemnify breach
INSURANCE: Policy arbitration clause unenforceable after insurer breached duty to defend & indemnify transportation company officers resulting in $3,121,758.45 consent judgment in favor of risk retention group. . . Christensen. [Read more…]
Settlements
Plan I
Timothy Wagner, foot, 8/14, $33,400, medical reserved, Paul Adam [Read more…]
Assault with weapon, joinder following mistrial
ASSAULT WITH WEAPON/PFMA: Cases properly joined based on feedback from mistrial of 1st case and despite State’s initial waiver. . . jail letters to fiancée properly admitted. . . mistrial properly denied after Deputy revealed fiancée’s fear based on prior violence. . . convictions affirmed. . . Langton affirmed. [Read more…]
Ineffective assistance, over-length brief refusal
INEFFECTIVE ASSISTANCE claims related to refusal to move for over-length appeal brief properly rejected as omitted issues not stronger than those presented. . . Cooney affirmed (IOR I-3(c)). [Read more…]
Sentencing delay, 301 days, alcohol bracelet payment
SENTENCING: Delay of 301 days not substantially prejudicial where the only prejudice was paying for 10 months of wearing alcohol bracelet. . . dismissal of assault with weapon properly denied. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Sentencing, “undermined” incest plea agreement
SENTENCING: Plain-error review declined over claim that Prosecutor undermined incest plea agreement at sentencing. . . Kutzman affirmed (IOR I-3(c)). [Read more…]
Insurance, false representations, quadriplegic missionary
INSURANCE: Summary judgment granted that adjuster made false representation as to defense under reservation that was pertinent to coverage of claims by missionary rendered quadriplegic in MVA that ultimately settled for $26 million, denied as to other alleged misrepresentations. . . Plaintiff must still prove misrepresentation caused actual damages. . . Kutzman. [Read more…]
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