ATTORNEY DISCIPLINE: Suzanne Marshall suspended for 90 days for, inter alia, failure to notify paternity client of dismissal… Order. [Read more…]
Archives for May 2024
Attempted sex assault/aggravated assault, double jeopardy
ATTEMPTED SEXUAL ASSAULT/AGGRAVATED ASSAULT convictions of obstreperous Defendant via mid-trial plea agreement affirmed over double jeopardy challenge… jury costs improperly imposed without addressing ability to pay… Ulbricht affirmed, reversed. [Read more…]
Interstate detainer, Montana DUI Defendant in Nevada
INTERSTATE DETAINER: Motion of Montana DUI Defendant incarcerated in Nevada to dismiss in accordance with IAD properly denied… Krueger affirmed. [Read more…]
Appeal procedure, redaction of phone number
APPEAL PROCEDURE: Motion to redact phone number from online filings granted, although typically the responsibility of the filer to redact… Order. [Read more…]
Drugs, RV on property reported as parolee’s address
DRUGS: Parole officers had reasonable suspicion that Defendant controlled RV on property which he reported as his residence (regardless of whether it is a dwelling or a vehicle)… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Ronnie Trevena, left knee, 8/19, Albertsons, Great Falls, Albertsons accepted claim, paid benefits due & owing, disputes as to further indemnity and medical, $69,000 for all claims, stipulated judgment; Stacy Temple-St. John for Trevena, Adrianna Potts for Albertsons [Read more…]
Emotional distress, witnessing daughter’s deposition
EMOTIONAL DISTRESS claims by father based on his trauma of witnessing deposition questioning of his child in wrongful death suit brought by father in death of his wife properly dismissed pursuant to Rule 12(b)(6) without converting to summary judgment… Cuffe affirmed (memorandum). [Read more…]
Appellate procedure, interpled insurance funds
APPELLATE PROCEDURE: Appeal of order by Linneweber directing deposit of interpled insurance funds and making insurers responsible for certain payments premature… order. [Read more…]
Probate, tangential civil jurisdiction
PROBATE: Invitation to “buck” precedent and allow courts sitting in probate to exercise jurisdiction over tangential matters declined… fiduciary duty, negligence, fraud, bad faith claims related to PR’s alleged sale of house under market value properly dismissed… but Foy fees improperly awarded as arguments that jurisdictional precedent should be overruled not “wholly frivolous or malicious”… Seeley affirmed, reversed (memorandum). [Read more…]
Marital, farm/ranch valuation/distribution
MARITAL: Farm/ranch properly valued and distributed, husband properly found in contempt for vexatious conduct… Harada affirmed (memorandum). [Read more…]