ABUSE OF PROCESS/VEXATIOUS LITIGANT: Abuse of process claims against debt collection attorney and others properly rejected on summary judgment without hearing… suspended attorney properly declared vexatious litigant and sanctioned with District pre-filing order, extended statewide… Menahan affirmed (memorandum). [Read more…]
Archives for 2021
Deliberate homicide, murder of father, son v. deputy
DELIBERATE HOMICIDE: Conviction of son of murder of father affirmed over son’s suggestion that a sheriff’s deputy did it to obtain inheritance as secondary beneficiary in will, deputy’s cleaning of scene after release by investigators, Prosecutor’s comments impugning fingerprint expert’s failure to produce comparisons… $25,250 costs improperly imposed without ability to pay… Hayworth affirmed, reversed. [Read more…]
Ineffective assistance, attorney testimony in bail jumping
INEFFECTIVE ASSISTANCE: Attorney for PFMA/criminal mischief cases properly allowed to testify for the State in Defendant’s bail jumping case after Defendant waived attorney-client privilege, did not constitute ineffective assistance… attorney not ineffective for failing to move to continue PFMA/mischief trials as it would have been futile with Defendant in California… bail conviction affirmed… Harris affirmed. [Read more…]
Judge substitution, PCR of municipal court conviction
JUDGE SUBSTITUTION: Postconviction review of justice, municipal, or city court sentence not limited to district judge who heard underlying appeal in multi-judge districts, motion to substitute improperly denied… Larson reversed (memorandum). [Read more…]
Privacy in Communications Act, privately recorded call
PRIVACY IN COMMUNICATIONS ACT not grounds for excluding order of protection Defendant’s phone call recorded by ex-boyfriend with no State involvement… request to overrule Long denied as no novel arguments offered… Kolar/Knisely affirmed (memorandum). [Read more…]
Indemnification, home contractor, flooring subcontractor
INDEMNIFICATION not allowed by Defendant home contractor against flooring subcontractor who is not liable to Plaintiffs who never purchased the home in hardwood flooring case… Larson. [Read more…]
Foreign adoption, duty of care for “tortured” child
FOREIGN ADOPTION: Delaware/Illinois adoption agency had duty of care for Chinese child placed in Montana… Montana has personal jurisdiction over agency in suit alleging torture by Ranch for Kids… Morris. [Read more…]
False arrest, dismissed DUI of traffic stop “spectator”
FALSE ARREST claims against officer, City,and Prosecutor stemming from dismissed DUI arrest of traffic stop “spectator” dismissed on summary judgment… Cavan. [Read more…]
Settlements
Construction lien partial priority, unjust enrichment
CONSTRUCTION LIEN/UNJUST ENRICHMENT: Construction lien properly given priority over lender’s mortgage but only up to the $88,860 part of the loan allocated for construction… $93,650 for unjust enrichment properly awarded contractor against lender upon foreclosure sale… Allison affirmed. [Read more…]
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