Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

DUI, Prosecutor as impeachment witness

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DUI: Felony conviction affirmed over challenge to refusal to allow Defendant to call Prosecutor to impeach a witness with asserted inconsistent interview statements as to witness’s drinking… remanded to clarify parole conditions as recommendations and strike provision for supervision fees… Allison affirmed, reversed (memorandum). [Read more…]

Political practices, “de minimis” travel expenses

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POLITICAL PRACTICES: 2 retirees who gave “hobbyist” presentations regarding voting records of Republican legislators improperly held violative of registration and reporting requirements rather than being exempted under unconstitutionally vague “de minimis acts” exception for travel expenses… Mangan/Christensen reversed (2-1). [Read more…]

Settlements

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Plan I

Eileen Pacheco, right ankle, 10/21, FedEx, Billings, FedEx denied liability, has not paid any benefits, disputes as to causation, wage loss, nature & extent of injury, need for future treatment, $25,000 for all claims, stipulated judgment; Greg Overturf for Pacheco, Charlie Smith for FedEx Ground Package System [Read more…]

Youth homicide, “meaningful opportunity” for release

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YOUTH HOMICIDE: Removal of parole restriction from triple murderer upon consideration of rehabilitation satisfied USSC’s requirement for a “meaningful opportunity” for a youth offender to obtain release notwithstanding practical effect of 3 consecutive life terms… request for time-served from 1986 properly denied in resentencing… Eddy affirmed. [Read more…]