PARENTAL RIGHTS: Termination of Father’s rights based on Mother’s claim of intoxicated conception properly denied… Manley affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
Ranch sale, State Court auction specific performance
RANCH SALE: Ch. 13 Petition an improper attempt to defeat State Court rulings upholding auction sale of $2.1 million ranch for $495,000, Petition dismissed… Myers. [Read more…]
Settlements
Plan I
Karen Benner, head, 5/16, disputes as to PTD and entitlement to ongoing medical, $225,000 for all claims, stipulated judgment; Paul Adam for Benner, Morgan Weber for MMIA [Read more…]
Insurance, UIM reducing clause
INSURANCE: UIM limit paid to injured motorcyclist after challenge to insurer’s reducing clause vis-à-vis separate recovery from tortfeasor’s employer. [Read more…]
Marital, $750,000 maintenance v. $21 million sought
MARITAL: Maintenance of $750,000 over 5 years properly awarded v. requested $21 million over 35 years… Larson affirmed. [Read more…]
Attorney discipline, unused retainer refund
ATTORNEY DISCIPLINE: Lisa Bazant to receive private admonition for refunding unused portion of retainer to unauthorized person, pay costs of proceeding… order. [Read more…]
Dinosaur fossils, “minerals” certified question
DINOSAUR FOSSILS: Certified question from 9th Circuit as to whether fossils constitute “minerals” for purpose of mineral reservation under Montana law accepted… order. [Read more…]
Deliberate homicide, warrantless no-knock entry
DELIBERATE HOMICIDE: Warrantless no-knock entry justified by exigent circumstances despite erroneous finding that officers knocked & announced… computers properly searched pursuant to warrant obtained 2 years after seizure… jury properly instructed on circumstantial evidence… convictions affirmed… Todd affirmed (other grounds). [Read more…]
PFMA, jury waiver by failure to appear at omnibus
PFMA/CRIMINAL MISCHIEF: Right to jury on PFMA not waived by failure to appear at omnibus hearing (was waived as to criminal mischief, a “petty” offense)… conditions for installment payment of mischief fines, fees, surcharges not statutorily authorized, improperly imposed despite Defendant’s acquiescence, Micklon overruled as to acquiescence… Adams/Ortley reversed, affirmed. [Read more…]
Speedy trial, 422 days, DUI, fall through cracks
SPEEDY TRIAL violated by 422-day delay of felony DUI case including incarceration longer than maximum sentence… Souza reversed. [Read more…]
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