PROSECUTOR DISQUALIFICATION: Supervisory control denied of J. Brown’s order disqualifying “necessary witness” Prosecutor who met with underage sex victim who changed story about her age… order. [Read more…]
Archives for March 2021
Endangerment, near miss of deputy on mountain road
ENDANGERMENT: Sufficient evidence to convict DUI driver who caused near miss with deputy on mountain road of criminal endangerment… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Child endangerment, “wispy” DUI-eye/liver relation
CHILD ENDANGERMENT: Continuances properly denied for indigent to obtain private attorney or experts as to “wispy” relationship of eye/liver conditions to DUI… juror obtaining Prosecutor’s notes for examining Trooper not grounds for mistrial… Dayton affirmed (IOR I-3(c)). [Read more…]
Victim standing to contest assault’s sentence
VICTIM STANDING: Assault victim has not established standing to contest assailant’s sentence, mandamus of Bowler denied… order. [Read more…]
Sexual assault, “bit player” detective impeachment
SEXUAL ASSAULT: Speedy trial claim properly denied based in part on docket congestion… new trial not warranted by post-trial disclosure that “bit player” detective was being investigated for making a false insurance claim… Kutzman affirmed (IOR I-3(c)). [Read more…]
Jurisdiction, ND oil well death of Montanan
JURISDICTION: Cert declined over Montana Supreme Court’s ruling that 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… order. [Read more…]
Wrongful death, car crossing median into truck path
WRONGFUL DEATH: Claims against trucking company and driver by PR of passenger killed when car lost control on rainy interstate and crossed median into path of truck exceeding speed limit 2-5 mph rejected on summary judgment… Molloy. [Read more…]
3rd attempt to rescind head injury settlements
Third attempt to rescind settlements of 1988 head injury rejected… Sandler. [Read more…]
Settlements
Plan I
Jonathan Paulson, filed FRI in 10/18 alleging that while training he had suffered a hypertensive accident requiring medical care, amended claim in 12/18 to allege that a brain tumor had caused a seizure and that the tumor was the result of occupational exposures while employed with the Bozeman FD, MMIA paid medical related to the hypertensive incident and denied the OD claim, disputes as to whether Petitioner suffered a compensable injury or OD, $225,000 for all claims, stipulated judgment; Eric Rasmusson for Paulson, Oliver Goe for MMIA [Read more…]
Mental disability, prison officer, $138,875
MENTAL DISABILITY DISCRIMINATION/RETALIATION: $138,875.12, terminated probationary prison officer with PTSD from inmate restraint… Administrative Decision, Chad Vanisko. [Read more…]