NURSING: Clinic nurse who prescribed increased Warfarin to patient who later died of heart attack shielded from personal liability by corporate shield, not liable under CPA for employer’s business practices… claims framed in ordinary negligence or “nursing malpractice” in attempt to avoid med-mal damages cap… Recht affirmed (memorandum). [Read more…]
Archives for May 2021
Medical malpractice, hospital decedent’s cell phone
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
Zoning, amendment of Neighborhood Plan, spot zoning
ZONING: Amendment of Neighborhood Plan to allow commercial development properly upheld over spot-zoning claim but certain defined commercial uses improperly stricken… Ulbricht affirmed, reversed. [Read more…]
Appellate disqualification, Rule of Necessity
APPELLATE DISQUALIFICATION: Rule of Necessity invoked to deny Legislature’s motion to disqualify Supreme Court Justices in test of Legislature’s power to issue investigative subpoenas in connection with alleged misconduct by Judiciary involving MJA poll relating to SB 140… disqualification would apply to every judge and justice in Montana, leaving no judge to adjudicate… opinion & order. [Read more…]
Deliberate homicide, dispute as to shooter, warrants
DELIBERATE HOMICIDE: Conviction in trial that turned on who shot victim affirmed over challenges to evidence derived from warrants for residence, vehicles, phone, computer… Cuffe affirmed (memorandum). [Read more…]
Sentencing, drugs market value fine, plea agreement
SENTENCING: $700 fine (35% of market value) for drug possession with intent to distribute properly imposed pursuant to plea agreement notwithstanding Ber Lee Yang… Cuffe affirmed (memorandum). [Read more…]
Sentencing, gang rape, “two or more persons convicted”
SENTENCING: By stipulation, gang rape Defendant to be resentenced without the “two or more persons convicted” enhancement, Defendant arguing enhancement not applicable because adjudication of juvenile co-defendant did not constitute “convicted”… order. [Read more…]
Sentencing, illegal sentence v. invalid plea/conviction
SENTENCING: Challenge of validity to nolo plea to sexual abuse of children rejected on basis that 2014 conviction is time-barred and habeas is not available to challenge legal sentence… Hansen and Hardin overruled to extent they failed to distinguish between illegal sentence and invalid plea. [Read more…]
Community decay, junk items/vehicles, business district
COMMUNITY DECAY/ZONING convictions against “auto sales/repairs businessman” for junk items and vehicles in Business District affirmed… Seykora/Wald affirmed (memorandum). [Read more…]
Final judgment request, subrogation, $7,875,000 tort
Petitioner’s request for final judgment in ongoing resistance to subrogation on $7,875,000 tort settlement rejected, attorney rapped for inaccurate representations and lack of candor… Sandler. [Read more…]