ASSAULT & BATTERY: $115,500 judgment on verdict reversed for improper exclusion of self-defense expert for untimely disclosure, remanded for new trial… Marks reversed. [Read more…]
Archives for April 2024
City Court Clerk fired by Mayor over Judge’s objection
CITY COURT: Clerk terminated by Mayor ordered reinstated during pendency of challenge by Judge… Order. [Read more…]
Right to testify, sufficient basis for inference of waiver
RIGHT TO TESTIFY: Sufficient basis to infer that aggravated burglary defendant waived right when counsel rested without calling him… Whelan affirmed (memorandum). [Read more…]
Statute of limitations, fall through floor service access
STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
Sex abuse of child, convictions affirmed
SEX ABUSE OF CHILD convictions affirmed… Morris affirmed (memorandum). [Read more…]
IME compelled over objections to signing documents
Motion to compel IME granted with conditions: Petitioner is required to sign the provider’s Informed Consent document but not the FAQ document or take any action associated with the HIPAA notice… Bruner. [Read more…]
Settlements
Plan I
Kristopher Stokes, multiple, 9/19, Ravalli Co. (employer), MACO accepted liability, paid benefits, disputes as to additional comp, $250,000 for all claims, stipulated judgment; Sydney McKenna for Stokes, Dean Blackaby for MACoWCT [Read more…]
Private AG fees, challenge of SB 319 enactment
PRIVATE AG FEES: Opinion holding that private AG fees were improperly denied in challenge of SB 319 enactment withdrawn, replaced with opinion clarifying that Court will not declare a statute invalid merely for Legislature’s failure to observe its own rules… petition for rehearing otherwise denied… Order. [Read more…]
Title insurance, rehearing denied in convoluted case
TITLE INSURANCE: Rehearing denied in convoluted title insurance case… Order. [Read more…]
Mitigated deliberate homicide, “disaster” of a case
MITIGATED DELIBERATE HOMICIDE: Cumulative errors including failure to disclose Brady phone evidence and violation of in limine order precluding drug reference in trial described by Judge as “a disaster” undermined claim of self-defense shooting such that new trial is warranted… Rieger reversed. [Read more…]