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…]
Archives for 2021
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cell site location valid under 4th Amendment even if questionable under Montana law… request for new counsel considered withdrawn based on counsel’s representation that Defendant had changed his mind… meth convictions affirmed… Watters affirmed (memorandum).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…]
Wrongful discharge, medical marijuana rehearing denied
WRONGFUL DISCHARGE: Rehearing of Opinion holding that failure to give notice of medical marijuana use constituted good cause for discharge denied… order. [Read more…]
Sexual assault of minors, shredded interview notes
SEXUAL ASSAULT: Shredding of notes of interviews with 7-year-old stepdaughters after entry into database not deliberate destruction of potentially exculpatory evidence… expert properly precluded from applying expertise to facts of case… conviction affirmed… Harris affirmed. [Read more…]
PFMA, replays of incriminating videos, deliberating jury
PFMA: Replays of videos of incriminating statements to the deliberating jury without notice to the parties constituted reversible error… felony conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
Sentencing, $3,025 extradition restitution, military income
SENTENCING: $3,025 restitution for extradition costs properly imposed on DUI/criminal endangerment Defendant whose only income is $3,000/mo Army disability… surrender of medical marijuana card properly ordered as related to alcohol addiction… Allison and Cuffe affirmed. [Read more…]
Emotional distress, $62,750 non-property vacated
EMOTIONAL DISTRESS: $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys vacated following Montana Supreme Court answer to certified question… order. [Read more…]
Settlements
Plan I
Michael Mizenko, soft tissue, 6/17, disputed, $1,200, Stacy Tempel-St. John [Read more…]
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