PROBATE: Time-stamped “subscriber notes” of payments and deposits produced with assistance of bank’s online vendor properly found admissible as business records hearsay exception… wife properly found to have converted dying husband’s account which designated his sister as POD beneficiary, but was improperly denied constructive trust over half of house sale proceeds deposited into husband’s account… Brown affirmed, reversed. [Read more…]
Archives for 2024
Land transfer, father-son quiet title dispute
LAND TRANSFER: Quiet title properly granted to son against father and granting possession… additional findings required as to the amount of claimed contract damages and competing unjust enrichment claims…. Berger affirmed, reversed (memorandum). [Read more…]
Contempt, ex-husband with no ability to pay
CONTEMPT: Ex-husband who lacked ability to pay child’s counseling costs properly not held in contempt… supervisory control of Harris denied… Order. [Read more…]
Assault with weapon/PFMA, prosecutorial misconduct
ASSAULT WITH WEAPON/PFMA: Conviction affirmed over claims of prosecutorial misconduct… Cuffe affirmed (memorandum). [Read more…]
Sentencing, pilot conditions permitting search of devices
SENTENCING: AP&P pilot conditions permitting search of devices and disclosure of intimate partner relationships improperly imposed on PFMA Defendant… Kutzman reversed. [Read more…]
Sentencing, “time served” clarified
SENTENCING: Defendant entitled to credit under clarification of “time served” in §46-18-201(9)… Dayton reversed. [Read more…]
Pretrial publicity, small community homicide
PRETRIAL PUBLICITY: Claim of ineffective assistance for failing to inquire of the venire regarding pretrial publicity in homicide case in small community properly rejected… Wald affirmed (memorandum). [Read more…]
Rape, alcoholic “plied with alcohol”
RAPE: Conviction of SIWC of alcoholic affirmed over challenge to mens rea instructions and exclusion of testimony as to victim’s drinking and withdrawal symptoms… Parker affirmed. [Read more…]
Settlements
Plan I
Valerie Almos, shoulders, 4/16 & 12/16, mold exposure, 1/24, Plum Creek Timber/Weyerhaeuser, Columbia Falls, disputes as to wage loss, nature & extent of injuries, need for future treatment, $32,000 for all claims, stipulated judgment; Wayne Olson for Almos, Charlie Smith for Weyerhaeuser [Read more…]
Malicious prosecution, vehicular homicide/assault
MALICIOUS PROSECUTION and other claims stemming from charges of vehicular homicide/assault with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, 2 hung juries, ultimate dismissal properly rejected on summary judgment… Gilbert affirmed (memorandum). [Read more…]
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