SETTLEMENT AGREEMENT for disbursement of ranch trust properly enforced over claim of incapacity by COVID, undue influence by threat of litigation, individual ownership of sections under long-expired contract for deed… Wald affirmed. [Read more…]
Archives for June 2022
Water, exempt groundwater, failure to timely claim
WATER: Failure to timely file claim for exempt groundwater precluded Water Court jurisdiction… Ostrem/McElyea affirmed. [Read more…]
Sentencing, rape, consideration of dismissed charges
SENTENCING: Claim of improper consideration of information related to dismissed charges in sentencing for admitted rape, aggravated burglary, PFMA rejected… “sexually violent predator” properly found… Todd affirmed (memorandum). [Read more…]
Jury separation of 14 days, no mistrial
JURY SEPARATION of 14 days not prejudicial as to warrant mistrial… Watters affirmed (memorandum). [Read more…]
Settlements
Plan II
Tanya Wood, shoulder(s), 10/21, $7,502, med closed, Stacy Tempel-St. John [Read more…]
Deliberate homicide/tampering, hearsay text messages
DELIBERATE HOMICIDE/TAMPERING: Officer’s reading of text messages between participants in double homicide properly admitted over hearsay objections… Judge’s choice of Montana pattern instruction on reasonable doubt properly given over Defendant’s preference for 9th Circuit instruction… convictions affirmed… Menahan affirmed. [Read more…]
Mistrial, failure to appear, assault with weapon
MISTRIAL: Claim that attorney was ineffective in not opposing mistrial for Defendant’s failure to appear rejected… assault with weapon conviction affirmed… Ruiz affirmed (memorandum). [Read more…]
2 cents verdict, jail inmate disciplinary reasons
VERDICT: $.02 nominal damages for deprivation of due process by jailers failing to provide written statement of evidence or reasons for disciplinary action as found on summary judgment, $0 for 5 other due process claims. [Read more…]
Settlements
Plan I
John Price, low back, 5/20, Bridger volunteer EMT, MMIA accepted liability, paid medical & indemnity, disputes as to additional medical & wage loss including PTD and liability for diverticulitis and all resulting disability, $200,000 for all claims, stipulated judgment; Greg Overturf for Price, Morgan Weber for MMIA [Read more…]
Disability discrimination, diabetic truck driver
DISABILITY DISCRIMINATION: Truck company did not discriminate against driver by not rehiring for upcoming construction season due to risk from unpredictable diabetic episodes… Administrative Decision, Jeffrey Doud. [Read more…]