Montana Law Week

The Weekly Digest of Montana Law

Archives for 2023

Witness tampering, deter testimony about burning dog

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WITNESS TAMPERING: Sufficient evidence that Defendant threatened witnesses to intimidate them from testifying about Defendant lighting their dog on fire as opposed to merely threatening to sue them for slander (which also is tampering)… prosecutorial misconduct claims insufficient for plain error review… attorney’s failure to object to prosecutor’s comments may have been strategic… convictions affirmed… Cuffe affirmed. [Read more…]

Insurance, anti-concurrent cause, certified question

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INSURANCE: Questions certified to Montana Supreme Court as to effect of anti-concurrent cause clause in policy vis-à-vis efficient proximate cause doctrine regarding claim of house settling damage due to water leak under slab which Watters determined was excluded by Earth Movement Exclusion… order. [Read more…]

Settlements

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Plan I

Diana Nelson, knee 9/22, shoulder 1/23, right knee & right hand 1/23, Billings, MHN initiated all benefits due & owing but ultimately denied liability for 9/22 knee, disputes as to preexisting conditions, reasonable medical, extent of any aggravations, $20,000 for all claims, stipulated judgment; Leslae Dalpiaz for Nelson, Joe Maynard for MHN [Read more…]

Deliberate homicide, Prosecutor’s statements/comments

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DELIBERATE HOMICIDE: Failure to object to Prosecutor’s improper or borderline improper statements and comments regarding Defendant accused of disappearing his girlfriend not ineffective assistance especially in light of independent evidence of guilt and his own trial admissions… Best affirmed (memorandum). [Read more…]