Montana Law Week

The Weekly Digest of Montana Law

Archives for February 2022

Rape, mid-trial amended information to correct charge

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RAPE: State properly allowed to file a 3rd Amended Information mid-trial after Judge discovered error in charging SIWC under 2017 aggravated SIWC statute that was not effective at time of charged offense… instruction on consent not reversible under plain error review… convictions affirmed… McMahon affirmed. [Read more…]

Jail inmate alcohol withdrawal death, counties’ liability

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JAIL INMATE ALCOHOL WITHDRAWAL DEATH: Entirety of longstanding case involving death from alcohol withdrawal syndrome dismissed as to Blaine Co. and most of case as to Hill Co. regarding vicarious liability for hospital’s conduct in turning him away as “playing” jailers because he did not want to be in jail… Cuffe. [Read more…]

Unconstitutional firearm enhancement, carjacker

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FIREARM ENHANCEMENT: Carjacker has no “cause or prejudice” to overturn plea agreement as result of attorney’s failure to anticipate by 2-1/2 years Supreme Court finding residual clause of 18 USC 924(c)(3)(B) (enhanced penalties for firearm during crime of violence) unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]

Settlements

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Plan I

Rosemary Burns, low back, neck, bladder, 3/18, Box Elder School Dist., Petitioner alleges that she is PTD and entitled to a lump sum of her benefits, MSGIA disputes that she is PTD based on approved alternative JAs and that she would be entitled to a lump sum, $350,000 for all claims, stipulated judgment; Alex Evans for Burns, Morgan Weber for MSGIA [Read more…]

Insurance, insurer standing for Ridley declaration

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INSURANCE: Insurer had standing to bring Ridley declaratory action, properly granted summary judgment based on auto/motorcycle liability and causation… initial willingness to advance-pay $89,983.95 medicals/wages did not constitute acceptance of liability… fees/costs properly denied Defendant/3rd-party claimant… hearing on summary judgment motions properly denied for lack of specific request… Seeley affirmed. [Read more…]