CLASS CERTIFICATION properly denied at early stage in landlord/tenant litigation, could be revisited depending on disposition of dismissed claims that are not yet appealable… Seeley affirmed. [Read more…]
Archives for November 2021
Child sex abuse, indecent exposure to minor, statute dates
CHILD SEX ABUSE: Attorneys were ineffective by failing to challenge the statutory basis for indecent exposure to minor when the statute did not go into effect until after one of the alleged incidents occurred… ex post facto application of statute for sexual abuse of children also requires reversal, remand for new trial… Spaulding reversed. [Read more…]
Incest, unusual duress mandatory sentence exception
INCEST: Claim of unusual duress exception to mandatory sentence based on Defendant’s own childhood sexual abuse properly rejected… Rieger affirmed (memorandum). [Read more…]
Restitution, DUI MVA, victim “may have jumped light”
RESTITUTION: Claimed $77,842.60 lost wages and medicals properly imposed on DUI driver in MVA in which contributory negligence claim was supported only by witness statement in MHP report that victim “may have jumped the light”… Allison affirmed (memorandum). [Read more…]
Sexual assault, civil suit stay for “potential” criminal
SEXUAL ASSAULT: Stay of civil suit until expiration of statute of limitations for “potential” criminal prosecution denied… Eddy. [Read more…]
Drugs, pen registers/trace devices for cell site location
DRUGS: Orders authorizing installation of pen registers and trace devices and to obtain cell site location valid under 4th Amendment even if questionable under Montana law… request for new counsel considered withdrawn based on counsel’s representation that Defendant had changed his mind… meth convictions affirmed… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Sally Sterup, head 12/08, wrist 4/11, sternum and thoracic burst fracture 2/18, Billings, MHN initiated all benefits due & owing, Petitioner has achieved MMI, impairment assigned, disputes as to reasonable & necessary medical, $88,302 for all claims ($25,000 to Petitioner, $63,302 MSA), stipulated judgment; Russell Plath for Sterup, Joe Maynard for MHN [Read more…]