PROBATE: Judge had discretion to determine PR, not necessary to address marital status for claim of priority or PSA enforceability… Parker affirmed (memorandum). [Read more…]
Archives for June 2024
Drugs, trailer plate stop improperly expanded to drugs
DRUGS: Stop for no trailer plate improperly expanded into drug investigation based on information about prior suspected drug activity of “extremely nervous” driver and known user passengers… meth should have been suppressed… Cybulski reversed. [Read more…]
CCJI misuse, attorney submission of modified CCJI form
CCJI MISUSE: Supervisory control granted ordering dismissal for lack of probable cause charges stemming from attorney’s submission of a modified CCJI request form… Herrington reversed. [Read more…]
Plea agreement, fictitious “SIWC by common scheme”
PLEA AGREEMENT properly held illegal for proposing amendment of child sex abuse offenses to fictitious SIWC by common scheme… Seeley affirmed. [Read more…]
DUI, officer’s lay opinion as to “actual physical control”
DUI: Officer properly allowed to give lay opinion testimony that intoxicated driver was in “actual physical control” of his vehicle parked at gas pump and therefore subject to arrest… Cuffe affirmed. [Read more…]
Defense verdict, claimed wrongful jail rape conviction
VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Settlements
Plan II
Falyn Wright, left shoulder, 2/22, Cygnus Home Service, Missoula, disputes as to wage loss, nature & extent of injuries, need for future medical, $100,000 for all claims, stipulated judgment; Leslae Dalpiaz for Wright, Charlie Smith for AIU Ins. [Read more…]
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