DUI: Deputy’s interpretation of statutes regulating low-intensity aftermarket lights on pickup was incorrect but mistake was reasonable because statutes are so ambiguous that overturning her traffic stop judgment requires hard interpretive work… conviction of resulting DUI affirmed… Olson affirmed (memorandum). [Read more…]
Archives for March 2023
DUI, blood draw nurse’s Zoom testimony from Greece
DUI: Blood draw nurse properly allowed to testify from Greece via Zoom… 6th DUI Defendant should be sentenced to DOC, not MSP, under 2019 statute … Ulbricht affirmed, reversed. [Read more…]
Aggravated burglary/PFMA, inconsistent bodily injury
AGGRAVATED BURGLARY/PFMA: Jury properly found that former partner suffered bodily injury despite her conflicting/inconsistent testimony… restitution amounts warrant further consideration on remand… Rieger affirmed, reversed (memorandum). [Read more…]
Solicitation of SIWC/Sexual Abuse of Children
SOLICITATION OF SIWC/SEXUAL ABUSE OF CHILDREN: Sexual abuse conviction reversed due to improper result-based instruction of “knowingly” in relation to sexual pictures of child on Defendant’s phone allegedly taken by child… result-based instruction properly applied to solicitation… Seeley affirmed, reversed (memorandum). [Read more…]
Expungement, MMRTA
EXPUNGEMENT properly denied Defendant who pled guilty to possession with intent to distribute more than 15 ounces of marijuana over assertion that amount is not clear in judgment… Oldenburg affirmed (memorandum). [Read more…]
Construction defects, suit remains alive per clarification
CONSTRUCTION DEFECTS: Suit involving apartment building that was destroyed due to soil movement remains alive pursuant to Court’s ruling on Plaintiffs’ requested “clarification” of summary judgment rulings which Defendant construed as resulting in dismissal of entire case… Hayworth. [Read more…]
$425,000 verdict, intersection MVA, pain & suffering
VERDICT: $425,000 for past pain & suffering, intersection MVA, admitted liability, disputed causation low back/neck. [Read more…]
Assault on Officer v. PTSD shooting at souls of Iraqis
ASSAULT ON OFFICER: Convictions relating to shootout with officers affirmed over Defendant’s claim that he thought he was shooting at souls of 5 people he had killed in Iraq… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Thomas Lowry, right knee, left ankle, 11/19, clinical support clerk, Providence Health & Services, Missoula, Providence accepted liability, subsequently accepted liability for low back as sequela of initial injury, paid appropriate medical & indemnity, Petitioner allegedly sustained a low back OD in 12/21 while employed as a transportation representative, Providence denied liability, disputes as to nature, extent, compensability, sequela, extent of wage loss, work restrictions, impairment, estoppel by silence as a result of concealment of permanent restrictions when he applied for work, current surgical status, employability, potential PTD, need for past, current, or future medical, $150,000 for all claims, stipulated judgment; David Lighthall for Lowry, Thomas Harrington for Providence Health & Services [Read more…]