STALKING: Felony stalking conviction affirmed where victim saw defendant in person and later saw him on video depicting his then unknown presence at another location… Rienne McElyea affirmed (memorandum). [Read more…]
Archives for July 2021
Prison smuggling, no conspiracy instruction request
PRISON SMUGGLING: No indication of why counsel declined to request conspiracy instruction on charge of smuggling drugs into MSP, ineffective assistance claim more amenable to postconviction… Dayton affirmed (memorandum). [Read more…]
Deliberate homicide, resentencing following PFO strike
DELIBERATE HOMICIDE: 100 years at MSP no parole for 35 years properly imposed in resentencing following striking illegal PFO… plea to felony murder based on deliberate homicide of 8-year-old while committing deviate sexual conduct in 1987 defective but challenge waived by failure to object or appeal… plea withdrawal based on “negated” hair evidence and “crazy” transient who actually committed the murder and assaultive coercion by detectives properly denied without a hearing… Larson affirmed (memorandum). [Read more…]
Attempted deliberate homicide, juror challenge
ATTEMPTED DELIBERATE HOMICIDE: Counsel not ineffective for retaining panelist who stated that he would not hesitate to shoot an abuser since counsel wanted jurors comfortable with use of firearms in self-defense… Cuffe affirmed (memorandum). [Read more…]
Settlements
Plan I
Susan Hall, shoulder, 3/21, Missoula, Providence denied liability for an injury, suggested that Petitioner get evaluated for an OD, disputes as to a prior shoulder injury, medical causation, wage loss, $40,000 for all claims, stipulated judgment; Kenneth Thomas for Hall, Joe Maynard for Providence Health & Services [Read more…]
Legislative subpoenas to Court Administrator quashed
LEGISLATIVE SUBPOENAS to Court Administrator stemming from MJA poll pertaining to SB 140 quashed as not serving a valid legislative purpose and overbroad… opinion & order. [Read more…]
Easement, in gross v. appurtenant
EASEMENT improperly found in gross rather than appurtenant, injunctive relief for Plaintiff improperly denied… Dayton reversed. [Read more…]
Easement, FWP conservation easement for hunting
EASEMENT: Private road properly found across ranch subject only to FWP conservation easement for hunting… Menahan affirmed. [Read more…]
Marital, mutual nondisclosure of medical businesses
MARITAL: Mutual decision to not include medical businesses in 2016 disclosures not “perjury” allowing for reopening decree of doctor and nurse practitioner in 2020 when they disputed ownership… Moses reversed. [Read more…]
Parenting, lawyer father v. ex-girlfriend’s lawyer father
PARENTING issues properly resolved in “extremely contentious” litigation between lawyer father and ex-girlfriend’s lawyer father… Oldenburg affirmed (memorandum). [Read more…]