PFMA: Justifiable force defense as to wife properly rejected, charges as to wife and daughter both supported by sufficient evidence despite their inconsistent version to officers and recantations at trial… Swingley/Menahan affirmed (IOR I-3(c)). [Read more…]
Archives for 2020
Revocation, animal cruelty, horse herd reduction
REVOCATION: Animal cruelty Defendant properly revoked for failing to timely reduce horse herd to 5… new suspended sentence with condition of no horses not harsher than original sentence… Harris affirmed (IOR I-3(c)). [Read more…]
Rape/sexual assault, child’s out-of-court statements
RAPE/SEXUAL ASSAULT: Day-of-trial amendment to Information to enlarge time of alleged offenses against child properly allowed as one of form and not substance… out-of-court statements by child in forensic interview and testified to by her counselor properly admitted due to difficulty parsing mixed inconsistent and consistent statements (but not under Judge’s hearsay exception concepts of “declarant testified earlier” or “link it up later”)… Haynes affirmed (IOR I-3(c)). [Read more…]
Abuse of process, subpoena of judgment debtor’s son
ABUSE OF PROCESS claim stemming from subpoena of judgment debtor’s son in effort to discover location of debtor or his assets rejected on summary judgment, suspended attorney Plaintiff declared vexatious litigant… Menahan. [Read more…]
Discovery, computation of claimed damages
DISCOVERY: Wrongful discharge Plaintiff required to provide complete computation of damages requested, tax returns under protective order, information relating to his business… Defendant awarded full $5,555.50 fee request… Molloy. [Read more…]
Appeal of medical review panel re-open denial
Insurer is proper party to defend appeal of medical review panel denial of reopen… Sandler. [Read more…]
Settlements
Plan I
Kenneth Allen, upper back, 4/18, tased in training program, Missoula, MCWCGI accepted liability, paid all benefits due & owing, Petitioner achieved MMI, 7% impairment assigned, lifting restrictions imposed, disputes as to wage loss, voc-rehab, ongoing care, $75,000 for all claims (with credit to MCWCGI for PPD paid to date), stipulated judgment; Sydney McKenna for Allen, Joe Maynard for Missoula Co. WC Group Ins. [Read more…]
Marital, contempt, failure to pay child support
MARITAL: No abuse of discretion in finding husband in contempt and ordering him to pay $28,813 child support and $3,710 attorney fees after years of disregarding allegedly inequitable and unenforceable stipulation and orders…. Gilbert affirmed (IOR I-3(c)). [Read more…]
Seizure, reaching in truck window to grab meth
SEIZURE: Officer had right to reach into truck window to grab bag of meth that dropped from visor during traffic stop… Langton affirmed. [Read more…]
Drugs, summary rejection of meth informant disclosure
DRUGS: Summary rejection of meth informant disclosure not grounds for reversal where Defendant pled guilty before balancing could be done and only speculated as to potential for entrapment argument… Eddy affirmed. [Read more…]
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