FELONY MURDER convictions of getaway driver in double homicides affirmed… restitution claimed by victim’s sister affirmed… Menahan affirmed (memorandum). [Read more…]
Archives for 2022
Restitution, new laptop for destroyed old
RESTITUTION: Value of new laptop properly awarded for destruction of used… Peterson/McMahon affirmed (memorandum). [Read more…]
Incest, 100 years prison no parole for 30 years
INCEST: Plain error review of sentence of 100 years at MSP no parole for 30 years denied… Dayton affirmed (memorandum). [Read more…]
Insurance, bad faith claims against excess insurers
INSURANCE: Bad faith claims against excess insurers in $1.49 million school sex abuse settlement and related tort claims alleging misconduct by school’s defense counsel dismissed on summary judgment… Rienne McElyea. [Read more…]
Refusal to attend appointment with designated physician
Interim TTD properly awarded where Claimant reasonably refused to attend appointment with insurer’s designated treating physician to address RTW restrictions… DLI affirmed… Sandler. [Read more…]
Settlements
Plan I
Esther Benson, knee, 10/21, Wolf Point, MHN initiated all benefits due & owing, Petitioner achieved MMI and resigned, disputes as to medical causation, pre-existing condition, wage loss, $25,000 for all claims, stipulated judgment; Leanora Overturf for Benson, Joe Maynard for MHN [Read more…]
Settlement agreement, disbursement of ranch trust
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…]
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…]
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