Archives for 2020

Attorney discipline, suspension

August 8, 2020 By lilly

ATTORNEY DISCIPLINE: Casey Nixon suspended for minimum of 1 year… order. [Read more…]

PFMA strangulation, blocking air to nose and mouth

August 8, 2020 By lilly

PFMA STRANGULATION: Sufficient evidence that Defendant purposely or knowingly impeded girlfriend’s breathing by blocking air to her nose and mouth… attorney’s mistake in opening door to testimony of prior domestic violence not prejudicial… conviction affirmed… Knisely affirmed. [Read more…]

Work product privilege, disclosures to independent agent

August 8, 2020 By lilly

Insurer’s attorney waived work-product privilege by disclosures to independent insurance agency… Petitioner entitled to emails between insurer’s attorney and agency now, not after Petitioner’s deposition… Sandler. [Read more…]

Settlements

August 8, 2020 By lilly

Plan I

Elliott Stroud, multiple, 9/19, disputed, $27,500, David Lighthall [Read more…]

Jury, for-cause challenge, child rape

August 1, 2020 By lilly

JURY: No abuse of discretion in denying challenge for cause of panelist in child rape case… Souza affirmed. [Read more…]

Jury, for-cause challenge, deliberate homicide

August 1, 2020 By lilly

JURY: No abuse of discretion in denying challenge of panelist for cause in triple homicide case… Jones affirmed (IOR I-3(c)). [Read more…]

Drugs, stop of person in vicinity of stolen vehicle

August 1, 2020 By lilly

DRUGS: Sufficient particularized suspicion to stop person walking in vicinity of stolen vehicle… Menahan affirmed (IOR I-3(c)). [Read more…]

Public defender fee cuts for contract attorneys

August 1, 2020 By lilly

PUBLIC DEFENDER FEES for contract attorneys properly found subject to cuts during pendency of representation due to budget shortfalls… Seeley affirmed. [Read more…]

Breach of forbearance, $34,286,950 supersedeas bond

August 1, 2020 By lilly

BREACH OF FORBEARANCE: Judgment for $26,374,576.13 with 10% post-judgment interest under 2005 statute for breach of bank’s Forbearance Agreement with office products entity reaffirmed… appeal bond set at 130% of amount of Judgment for appeal through Montana Supreme Court (not beyond)… Dayton. [Read more…]

Search & seizure, unwarranted entry, warranted search

August 1, 2020 By lilly

SEARCH & SEIZURE: Observations during unwarranted entry of residence did not prompt decision to seek a warrant… excising evidence found during initial search, remaining information in application was sufficient for a warrant… Watters affirmed (memorandum). [Read more…]