JUDICIAL STANDARDS: Public reprimand of Dayton. [Read more…]
Archives for 2023
Sentencing, plea agreement alleged breach, SVORA
SENTENCING: State did not breach plea agreement in which sexual offenses against children were amended to criminal endangerments and maximums were imposed rather than agreed 6 years suspended… SVORA registration improperly imposed on non-sexual offenses despite acceptance in plea agreement… Gilbert affirmed, reversed. [Read more…]
Sentencing, conditions for endangerment of minors
SENTENCING: Contested conditions properly imposed on Defendant charged with felony sexual assault of minors who pled guilty to criminal endangerment… Best affirmed (memorandum). [Read more…]
DUI, investigatory stop of vehicle in ditch
DUI: Sufficient facts to conduct investigatory stop of vehicle partly in ditch, further DUI investigation, statements about drinking were voluntary… Brown affirmed. [Read more…]
Habitual traffic offender, Idaho default Infraction
HABITUAL TRAFFIC OFFENDER: Idaho default Infraction for failing to respond to Idaho speeding citation properly counted as a conviction by Montana MVD… Perry affirmed (memorandum). [Read more…]
House construction, contractor hit on head by pipe
HOUSE CONSTRUCTION: Claims that contractor suffered subdural hematoma from being struck on head by pipe and is owed for work performed rejected on summary judgment… Cuffe. [Read more…]
$11 million settlement, driller arm amputation
SETTLEMENT: $11 million, traumatic arm amputation in drilling accident. [Read more…]
Quiet Title Act, public use of road across private land
Quiet Title Act: Challenge of public use of road across private land per FS easement improperly dismissed based on statute of limitations… §2409a(g) is a nonjurisdictional claims-processing rule… Christensen, 9th Circuit reversed. [Read more…]
Defense verdict, injury cleaning feces contaminated cell
VERDICT: Defense, prisoner not subjected to cruel & unusual punishment as he was not subjected to dangerous work conditions in relation to cleaning feces contaminated cell during which he fell and broke his shoulder. [Read more…]
Settlements
Plan II
Peter Mattison, back, 2/21, Eagle Country Ford, Sidney, Amtrust accepted claim, paid medical & indemnity, disputes as to further medical & indemnity, $145,000 new money for all claims (Petitioner’s resignation a material fact which Amtrust relied on), stipulated judgment; Lucas Wallace for Mattison, Thomas Harrington for Amtrust Ins. [Read more…]
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