The Weekly Digest of Montana Law
By lilly
Plan I
Albert Rel Jr., low back, 8/19, City of Miles City, MMIA accepted liability for right L4 radiculopathy, disputes as to left shoulder condition and related indemnity and medical, $55,000 for all claims, stipulated judgment; Albert Rel, pro se, Morgan Weber for MMIA [Read more…]
By lilly
SETTLEMENT: $2,004,294.76 for injuries sustained in the Route 91 Harvest Country Music Festival/Mandalay Bay shooting… allocation award based on 1,906.5240 points valued at $1,051.28210895841 per point from $800 million global settlement with 4,400 claimants. [Read more…]
By lilly
NATURAL STREAMBED: Mid-section of stream that would perennially flow absent human manipulation (mining) properly classified as “natural, perennial-flowing” subject to Streambed Act jurisdiction… McMahon affirmed. [Read more…]
By lilly
PARENTING: New husband (a non-party) improperly ordered to engage in family counseling… absent parent improperly allowed to contact children “regularly” contrary to mediated stipulation… future conflicts improperly subjected to mandatory mediation… tax dependency deductions properly split between the parties… Halligan reversed, affirmed. [Read more…]
By lilly
POWER OF ATTORNEY properly exercised by daughter from previous marriage to aid father in financial affairs, not to cheat wife out of inheritance… Oldenburg affirmed (memorandum). [Read more…]
By lilly
RAPE: Fair trial undermined by testimony elicited from 4 experts vouching for 15-year-old’s credibility and Prosecutor commenting that she was a reliable witness with no incentive to lie… conviction reversed, remanded for new trial… Dayton reversed. [Read more…]
By lilly
RESISTING ARREST: No abuse of discretion in denying in camera review of officer’s file for instances of excessive force where Defendant claims he was defending against unlawful assault… sufficient evidence that officer called in response to 911 stalking call was attempting to arrest Defendant and in any event there is never justification to use force simply because of being unaware of being arrested… Seel/Rienne McElyea affirmed. [Read more…]
By lilly
REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [Read more…]
By lilly
SENTENCING: Attorney was ineffective in failing to direct Judge to possible deferred drug sentence under ASA, remanded for new sentence hearing… Oldenburg reversed. [Read more…]
By lilly
INEFFECTIVE ASSISTANCE not established by failure to move to suppress murder gun with untested possible blood spot on end of barrel… McMahon affirmed (memorandum). [Read more…]