Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

Settlements

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Plan I

Shane Giovetti, lung inhalation injury, 12/19, near Nye, Stillwater initiated all benefits due & owing, disputes as to medical causation, Petitioner has achieved MMI, restrictions imposed, impairment assigned, $150,000 for all claims, stipulated judgment; Greg Overturf for Giovetti, Joe Maynard for Stillwater Mining [Read more…]

Mistrial, improper sua sponte by distraught Judge

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MISTRIAL improvidently granted sua sponte on 3rd day of incest/bail jumping trial by Judge distraught over reporter’s heart attack or stroke and inability to get replacement… double jeopardy violated by retrial on amended charge of SIWC due to uncle/niece sex not “incest”… convictions reversed with prejudice… Pinski reversed. [Read more…]

Theft, references to “jail,” drugs traded for license plate

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THEFT: Mistrial based on references to stolen vehicle Defendant’s “jail” status properly denied… instruction for unauthorized use of a vehicle as lesser-included of theft by possession of stolen property properly denied… evidence that Defendant traded drugs for stolen plate properly admitted as transaction evidence, but why counsel stipulated to admission more amenable to postconviction… Parker affirmed. [Read more…]

DUI, out-of-gas truck in road, disputed driver

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DUI: Specific unanimity instruction as to having driven truck stopped in road and actual physical control properly declined… instruction that a witness is presumed to speak the truth properly declined… Prosecutor did not commit plain error in commenting on witness credibility in case of dispute over whether Defendant or passenger had been driving… 4th DUI conviction affirmed… H. Brown affirmed. [Read more…]