WRONGFUL DETAINER: Foreclosed homeowners’ affirmative defense to wrongful detainer claim and 3rd-party claims against bank and loan servicer barred by res judicata by Federal Court statute of limitations judgments on challenge to foreclosure as claims could have been pled in federal case… Halligan affirmed (memorandum). [Read more…]
Archives for April 2021
Privacy in Communications, threatening/obscene calls
PRIVACY IN COMMUNICATIONS: Convictions for threatening/obscene calls affirmed over challenges to constitutionality of statute, threats to other than recipient, jurisdiction as to call to New York, instructions on elements not in charges… Eddy affirmed. [Read more…]
Arson, multiple convictions
ARSON: 2 of 3 counts involved same elements, State concedes that 1 should have been dismissed… claims of ineffective assistance for telling the jury that the truth is between the State’s version and Defendant’s version and for failing to introduce testimony as statement against interest more appropriate for postconviction… untimely PFO notice not prejudicial… conviction on 2 counts of torching trailer and consecutive 20-year terms affirmed… Parker affirmed, reversed (memorandum). [Read more…]
Robbery, statements in police interview
ROBBERY: Statements in police interview correctly found to be voluntary, officers did not fail to honor any unequivocal requests to terminate interview… Townsend affirmed (memorandum). [Read more…]
Plea withdrawal, PFMA
PLEA WITHDRAWAL to PFMA after subsequent PFMAs filed properly denied… Beal/Townsend affirmed (memorandum). [Read more…]
Rape, rehearing of decision affirming rape of teen denied
RAPE: Rehearing denied as to decision affirming conviction of 2003 rape of teen… order. [Read more…]
Defense verdict, wrongful discharge, policeman
VERDICT: Defense, wrongful discharge, policeman. [Read more…]
Insurance, oil well pollution, primary/umbrella
INSURANCE: Oil well pollution not covered by $1 million umbrella because primary only provides $100,000 pollution coverage… Morris affirmed (memorandum). [Read more…]
Traffic stop, following close, spare tire with meth
TRAFFIC STOP for following too close properly ripened into search of vehicle including spare tire stuffed with meth… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Kenneth Vogel, low back, 1/12, City of Cut Bank, MMIA accepted liability, disputes as to certain future treatment, $75,000 for all claims ($42,349 to Petitioner and his attorney which includes $5,653 seed money for self-administered MSA which Petitioner chose over MMIA’s offer of professional administration, Petitioner agrees to indemnify and hold MMIA harmless for any obligations arising from his failure to fully fund or appropriately self-administer MSA), stipulated judgment; Ross Johnson for Vogel, Morgan Weber for MMIA [Read more…]
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