CATTLE GUARDS: Settlement agreement properly construed to preclude “cabling”… Laird affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
Contract, bail bond business Sale Agreement
CONTRACT: Defendants’ exhibit of bail bond business Sales Agreement purported underwriting terms attachment properly rejected as rebuttal evidence since it was not offered to counter new evidence… Sales Agreement properly found unambiguous, judgment properly entered for Plaintiff… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
SIWC, father’s anger at daughter’s bisexuality
SIWC: Evidence that was intensely angry because daughter disclosed she was bisexual properly excluded over Defendant’s argument that it would show motive to fabricate sexual abuse to deflect father’s wrath… letting daughter read her Facebook explanation to divided family written after the allegations improperly allowed as prior consistent statement but not prejudicial as to warrant reversal… conviction affirmed… Kutzman affirmed (IOR I-3(c)). [Read more…]
Attempted deliberate homicide, tampering, missing gun
ATTEMPTED DELIBERATE HOMICIDE: Typo on verdict form as to alternative lesser includeds not prejudicial… sufficient evidence of tampering by disposing of gun used in confrontation with cabin owners during disrupted burglary… convictions affirmed… McMahon affirmed. [Read more…]
Criminal mental commitment, petition to release to home
CRIMINAL MENTAL COMMITMENT: Release of deliberate homicide defendant from MSH to group home improperly denied… Gilbert reversed. [Read more…]
Statutory rape, disparagement of absent evaluator
RAPE: Judge abused discretion by not continuing sentencing hearing to accommodate psychosexual evaluator… remanded for sentencing by new Judge in light of unusual circumstances including repeated disparagement of evaluator who was not present to respond… Pinski reversed. [Read more…]
DUI, non-specific reference to PBT, “increasing” BAC
DUI: Non-specific reference to PBT in Municipal Court trial improperly allowed to impeach claim of increased BAC between PBT and Intoxylizer without reliability foundation but error was harmless… conviction affirmed… Luth reversed, Best affirmed (IOR I-3(c)). [Read more…]
Postconviction, “accidental” touch of child’s vagina
POSTCONVICTION PETITION of Defendant who claims he accidentally touched vagina of 10-year-old while “playing game” by throwing her onto a couch properly denied… Judge referring to Defendant as “street thug” not perjurious or evidence of personal bias… plea-bargained criminal endangerment (with underlying incest facts) supported by actions of throwing the child… Pinski affirmed (IOR I-3(c)). [Read more…]
PFO, 2015 v. 2017 statute
PFO: Defendant arrested for DUI in 2/17 properly designated PFO under 2015 statute rather than 2017 amendment requiring sexual or violent predicate… Krueger affirmed (IOR I-3(c)). [Read more…]
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