INCEST convictions affirmed over challenge to alleged witness coaching by spectator and preclusion of therapist’s notes containing no allegations by accuser… Moses affirmed (IOR I-3(c)). [Read more…]
Archives for May 2020
Incest, giving away “confidential strategy”
INCEST: Sufficient evidence to convict of incest with daughter even if counsel was deficient for giving away on eve of trial “confidential strategy” that child’s conduct was uncharacteristic of incest which caused the State to secure an expert on child sex abuse… Souza affirmed (IOR I-3(c)). [Read more…]
Theft, search of vehicle for car thefts items
THEFT: Sufficient probable cause for warrant to search vehicle for items stolen in car thefts… R. McElyea affirmed (IOR (I-3(c)). [Read more…]
DUI, felony predicate
DUI: Defendant failed to show that he was not convicted of 2004 felony predicate DUI or that the conviction was obtained in violation of his rights… Deschamps affirmed (IOR I-3(c)). [Read more…]
Sentencing, $33,000 child endangerment fine
SENTENCING: Challenge to $30,000 fine with $3,000 surcharge for criminal child endangerment not preserved for appeal… Wilson affirmed (IOR I-3(c)). [Read more…]
Dog endangering livestock, liability/euthanization
DOG ENDANGERING LIVESTOCK: Conviction of owning dog that killed ewe and order that it be euthanized affirmed… Cantin/Gilbert affirmed (IOR I-3(c)). [Read more…]
Snowplow cab slam, later embolism death
Being slammed in snowplow cab when wing hit guardrail was primary cause of later pulmonary embolism and resulting death, widow entitled to death benefits… denial of liability was reasonable, no penalty or fees… Sandler. [Read more…]
Settlements
Plan I
Jerome Vandersloot, low back, 8/19, disputed, $60,000, Greg Overturf [Read more…]
Jurisdiction, Oklahoma corporation, ND oil well death
JURISDICTION: Whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… Rieger reversed. [Read more…]
Preliminary injunction stay, road access dispute
PRELIMINARY INJUNCTION stay in road access dispute pending resolution of suit against title insurer improperly issued without a hearing… Gilbert reversed. [Read more…]
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