POST-JUDGMENT INTEREST continued to accrue on paid $223,485.12 employment contract judgment during stay pending appeal regardless of who appealed first or who requested stay or cross-appealed… Kutzman reversed. [Read more…]
Archives for 2020
Plea withdrawal, Defendant turned 18 during SIWC
PLEA WITHDRAWAL properly denied Defendant who turned 18 during period of admitted SIWC with 4-year-old… Seeley affirmed (IOR I-3(c)). [Read more…]
Search & seizure, stop of suspect seen on surveillance
SEARCH & SEIZURE: Officers had particularized suspicion to stop suspect seen on surveillance buying gas with stolen credit card… contrary Federal Court finding in firearms case result of different questions, witnesses, evidence, attorneys… Seeley affirmed (IOR I-3(c)). [Read more…]
Search & seizure, field test of claimed diabetic syringe
SEARCH & SEIZURE: Field test of residue in claimed diabetic’s syringe lawfully seized pursuant to a search incident to traffic stop arrest and which tested meth did not constitute a search necessitating a warrant… Pinski affirmed. [Read more…]
Rape trial public access COVID limitation
TRIAL PUBLIC ACCESS: Supervisory control of Larson denied as to limiting public in-person access to rape trial due to COVID… order. [Read more…]
Trial continuance for counsel’s high COVID risk
TRIAL CONTINUANCE: Supervisory control of Kutzman summarily granted in support of request to continue jury trial due to counsel’s high risk of COVID exposure and contraction… order. [Read more…]
Negligence, home inspector standard-of-care expert
NEGLIGENCE: 3rd-party claim against home inspector dismissed for failure to retain standard-of-care expert… Eddy. [Read more…]
Supervised release, restrictions on visiting Browning
SUPERVISED RELEASE: Restrictions on Blackfeet tribal member/meth Defendant from visiting Browning without PO approval not an illegal banishment or exclusion or infringement on tribal sovereignty, substantively reasonable in light of town being a magnet and trigger for violation of supervised release… Molloy affirmed. [Read more…]
Defense verdict, 8th-amendment TMJ surgery claim
VERDICT: Defense, 8th-Amendment claim of deliberate indifference towards prisoner’s need for TMJ surgery. [Read more…]
TTD suspension for “no call, no show” at §605 exam
TTD properly suspended for unreasonably failing to attend §605 exam on “no call, no show” basis… DLI affirmed… Sandler. [Read more…]
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