Montana Law Week

The Weekly Digest of Montana Law

Archives for 2023

Wolf hunting, night hunting with thermal imaging

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WOLF HUNTING: §87-6-903(1) does not prohibit thermal and infrared imaging but merely adds a sentence enhancement for use of it in aid of illegally taking an animal… but FWC exceeded SB 314 (2021) which allows use of artificial light or night vision scopes by allowing thermal (infrared) imaging… issue not moot even though regulations have lapsed… McMahon. [Read more…]

Settlements

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Plan I

Anthony Padilla, left shoulder, 6/21, FedEx, Great Falls, FedEx accepted claim, paid indemnity & medical, dispute as to PPD, $65,000 new money for all claims, stipulated judgment; Thomas Murphy for Padilla, Adrianna Potts for Federal Express [Read more…]

Deliberate homicide, mitigated lesser-included

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DELIBERATE HOMICIDE: Mitigated deliberate instruction properly denied where Defendant disavowed interview statement that he “snapped” and shot victim but at trial maintained that he did not shoot him… felony deceptive practices for sale of victim’s truck not supported by evidence of value… Best affirmed, reversed. [Read more…]

Revocation, global settlement, judicial “prosecution”

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REVOCATION: Grubich violated separation of powers by refusing to accept global plea agreement to resolve revocation petition in his Court and intimidation charge in Kutzman’s Court, assumed prosecutorial role in taking judicial notice of the intimidation proceeding when the State refused to present evidence pursuant to the plea agreement… supervisory control granted, dismissal denial reversed… order. [Read more…]

Excessive force arrest, Monell claim against County

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EXCESSIVE FORCE ARREST: Monell claim against County for deputy kicking Plaintiff in head while handcuffed and on ground dismissed for failure to show pattern/practice or ratification… Plaintiff’s treating doctor and nurse allowed to testify as to medical causation but only as long as opinions were formed during treatment… Molloy. [Read more…]