ATTORNEY DISCIPLINE: Meghan Doud disbarred, ordered to pay restitution or disgorge $1,366,133 in COP’s most egregious trust violation and misappropriation/commingling case… Opinion & Order. [Read more…]
Archives for February 2024
Constructive discharge, trooper, $114,888 reversed
CONSTRUCTIVE DISCHARGE: Trooper’s WDEA claims barred because he failed to exhaust CBA grievance procedures, summary judgment for State improperly denied, $114,888 verdict reversed… Gilbert reversed. [Read more…]
PFMA, prior altercations provide context for behavior
PFMA: Prior altercations properly admitted to provide context for Defendant’s pattern and reasons for partner’s reactions… Eddy affirmed. [Read more…]
Deliberate homicide, group fistfight death
DELIBERATE HOMICIDE: Defendant accused of hatcheting to death a participant in what was supposed to be a group fistfight was not prejudiced by failure to give accomplice instruction… no prejudicial effect from Prosecutor’s opinions/vouching in light of entire evidence and cautionary instruction… prejudice not shown by panelists possibly seeing Defendant escorted by guards in restraints… conviction affirmed… Best affirmed (memorandum). [Read more…]
Settlements
Plan I
Guy Haney, shoulder(s), 1/20, PT, $100,000, medical closed, Russell Plath
Debra Dixon, shoulder(s), 1/23, disputed, $15,000, David Lighthall
Cordell VanValkenburgh, ankle, 7/23, disputed, $8,250, Greg Overturf [Read more…]
School athletics, 8-semester rule waiver request
SCHOOL ATHLETICS: Supervisory control of Murnion denied as to denial of preliminary injunction seeking waiver from 8-semester rule for 5th-year senior to play basketball after absence due to Covid… order. [Read more…]
Probate, rehearing of estate rulings denied
PROBATE: Rehearing of Opinion rejecting challenge to rulings related to administration of estate including alleged fraud on the court by special administrator… order. [Read more…]
Attorney discipline, statements about Standing Master
ATTORNEY DISCIPLINE: Jody Palmer charged with misconduct for statements about qualifications or integrity of Standing Master, ordered to appear before COP. [Read more…]
Prosecutorial misconduct, “were they lying?”
PROSECUTORIAL MISCONDUCT: Prosecutor’s “were they lying” questions proper because robbery Defendant’s and witnesses’ testimonies were diametrically opposed… “you could just tell the truth, couldn’t you?” was not personal opinion as to whether Defendant was telling the truth… counsel not ineffective for failing to object… postconviction petition properly denied… Ohman affirmed. [Read more…]
Insurance, UTPA claim-splitting, res judicata
INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]