ATTORNEY DISQUALIFICATION properly denied absent explanation of how Defendant was prejudiced by concurrent representations, dropping client like a “hot potato” does not constitute prejudice per se… Ohman affirmed. [Read more…]
Archives for 2023
Judge disqualification, judge v. female lawyers
JUDGE DISQUALIFICATION: Disqualification of Dayton denied for lack of support for accusations including bias against female lawyers… order. [Read more…]
Deliberate homicide, jail informants, prosecutor conduct
DELIBERATE HOMICIDE: Double murder and solicitation to kill witness convictions affirmed over challenge to use of jail informants and alleged prosecutorial misconduct… Wheelis affirmed. [Read more…]
Fitness, 15 months in jail and mental hospital
FITNESS: No abuse of discretion in resuming kidnap proceedings after 15 months in jail and mental hospital before declared fit to proceed… Krueger affirmed. [Read more…]
CCJI, Legislator speeding obstruction conviction
CCJI: Legislator objecting to release of information related to obstruction conviction stemming from speeding stop had adequate notice of County’s request for declaratory judgment, information properly disseminated to newspaper with parameters without further briefing… Seeley affirmed. [Read more…]
Sex offender registration, retroactive ex post facto
SEX OFFENDER REGISTRATION: Retroactive application of post-07 SVORA amendments constitute ex post facto lifetime punishment… Defendant convicted of sexual assault in 1994 improperly convicted in 2019 for failure to register… Whelan reversed. [Read more…]
DUI, Defendant “tried” to beat red light
DUI: Reasonable to infer from Trooper’s responses that Defendant and another vehicle ahead “tried” to beat the red light that Defendant did not succeed, sufficient reason to stop for running red light, license reinstatement properly denied… Grubich affirmed (memorandum). [Read more…]
$110,565 fees incurred in sexual harassment appeal
ATTORNEY FEES: Sexual harassment/retaliation Plaintiff awarded $110,565 fees incurred defending appeal of protracted proceeding “tenaciously litigated” by Defendant on top of $758,454.52 judgment… Laird. [Read more…]
$427,050 net (65/35) verdict, boxes fall on truck driver
VERDICT: $657,000 gross, $427,050 net (65/35 fault), boxes falling on driver’s head when opening trailer at warehouse store, TBI/post-concussion syndrome. [Read more…]
Settlements
Plan I
Jay Kromarek, right lower extremity, right knee, left shoulder, low back, head, 10/19, City of Great Falls, MMIA accepted liability, disputes as to PTD and future medical, $485,000 new money for all claims, stipulated judgment; Stacy Tempel-St. John for Kromarek, Morgan Weber for MMIA [Read more…]
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