Archives for 2018

Sentencing, no-contact conditions, PFMA

April 14, 2018 By lilly

SENTENCING: No-contact conditions properly imposed on PFMA Defendant. . . Todd affirmed. [Read more…]

Ineffective assistance, aggravated burglary/rape

April 14, 2018 By lilly

INEFFECTIVE ASSISTANCE claims by rape Defendant rejected. . . Pinski affirmed (IOR I-3(c)). [Read more…]

Municipal Court appeal, untimely brief

April 14, 2018 By lilly

MUNICIPAL COURT APPEAL properly dismissed for failure to file brief within 15 days despite notice of intent to have transcript of hearing recording prepared. . . J. Brown affirmed (IOR I-3(c)). [Read more…]

DUI, independent blood test

April 14, 2018 By lilly

DUI: Highly intoxicated Defendant not denied independent blood test by Trooper taking her home 10 miles away from hospital when she could not arrange transportation. . . Gilbert affirmed. [Read more…]

DUI, late-disclosed testimony, vehicle co-occupant

April 14, 2018 By lilly

DUI: Late-disclosed testimony of co-occupant of vehicle that crashed into ditch properly allowed. . . Swingley/Menahan affirmed (IOR I-3(c)). [Read more…]

Probationary search, non-owned vehicle

April 14, 2018 By lilly

PROBATIONARY SEARCH: Probationer had no expectation of privacy in vehicle not owned by him in which he was a passenger, motion to suppress drug evidence found in glasses pouch properly denied. . . Hayworth affirmed. [Read more…]

Defense verdict, creek-altering landslide

April 14, 2018 By lilly

VERDICT: Defense, negligence/nuisance claims relating to landslide that altered course of creek affecting nearby landowners’ properties. . . $100,000 settlement by one landowner. [Read more…]

Foreclosure, statutes of limitations

April 14, 2018 By lilly

FORECLOSURE: Homeowners’ challenge of foreclosure properly found time-barred. . . Christensen affirmed (unpublished). [Read more…]

Environment, Yellowstone dam preliminary injunction

April 14, 2018 By lilly

ENVIRONMENT: Preliminary injunction against Yellowstone River dam vacated for failure to show irreparable harm to sturgeon. . . Morris reversed (unpublished). [Read more…]

Settlements

April 14, 2018 By lilly

Plan I

Jeffrey Fowler, low back, 4/09, Ravalli Co. Sheriff’s Office, MACOWCT accepted liability, paid medical/indemnity, significant disputes including entitlement to future medical and whether Petitioner is PTD, $480,000, stipulated judgment; Steven Carey for Fowler, Dean Blackaby for MACOWCT [Read more…]