WATER: Absent express language in grazing agreement granting right to stockwater reservoir, it remains appurtenant to the land. . . Ritter affirmed (IOR I-3(c)). [Read more…]
Archives for 2018
Order of protection, no contact with HOA Board
ORDER OF PROTECTION: Supervisory control of Gilbert denied as to interim order limiting contact with HOA Board. . . order. [Read more…]
Mental commitment, swimming out into lake
MENTAL COMMITMENT: Person properly committed to 5 additional days at mental health center after swimming 100 yards into lake and refusing to return. . . psychiatrist’s opinion based in part on review of admission records properly considered. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
DUI, circumstantial “reasonable interpretation”
DUI: Circumstantial “reasonable interpretation” instruction did not relieve State of burden in light of instructions as a whole. . . counsel costs improperly imposed on low-income Defendant. . . Ortley affirmed, reversed. [Read more…]
Prisoners, additional SOP per Parole Board
PRISONERS: Habeas denied for prisoner ordered by Parole Board to complete SOP Phase 2 although Court only ordered Phase 1. . . order. [Read more…]
Ineffective assistance, sexual abuse of children
INEFFECTIVE ASSISTANCE claims by sexual abuse of children Defendant who received better sentence than he bargained for properly rejected postconviction. . . Best affirmed (IOR I-3(c)). [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Lonesome Wood Vegetation Project, injunction
LONESOME WOOD VEGETATION PROJECT: Injunction properly dissolved on summary judgment. . . Morris affirmed. [Read more…]
SSD denial
SSD denial properly affirmed despite ALJ improperly discounting treating doctor’s opinion. . . Christensen affirmed (unpublished). [Read more…]
Search & seizure, entry of screened patio porch
SEARCH & SEIZURE: Officer with anticipatory search warrant did not violate 4th Amendment by entering screened patio porch to deliver package which Defendant accepted without “re-entering” residence with the package. . . felon in possession of firearms conviction affirmed, but sex offender conditions of release improperly imposed. . . Watters affirmed, reversed (unpublished). [Read more…]
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