DELIBERATE HOMICIDE: Conviction affirmed over objection to crime scene photos… joint & several restitution properly imposed… Harada affirmed (memorandum). [Read more…]
Archives for August 2024
Restitution, drug court expunged records
RESTITUTION: Petition by vehicular assault victim to mandate Clerk to reinstate Defendant’s expunged and destroyed drug court records in effort to collect allegedly due restitution denied… Order. [Read more…]
Revocation, “guilty but mentally ill”
REVOCATION: “Guilty but mentally ill” person who killed a woman in a wrong-way interstate collision and was committed to Warm Springs properly revoked under criminal sentencing statutes… Dayton affirmed. [Read more…]
Deputy qualifications, non-compliant mental evaluations
DEPUTY QUALIFICATIONS: Deputies who had not completed mental evaluations by a qualified provider lacked authority to stop and arrest 3 DUI Defendants… supervisory control granted reversing Vannatta’s reversal of JP Taron’s suppression orders… Order. [Read more…]
Settlements
Plan I
No lawyer
Candace Dallas, shoulder(s), 2/23, $39,200
Chris Miesmer, soft tissue, $1,500 [Read more…]
Zoning, revision allowing “Greek” housing
ZONING: Challenge of revised zoning ordinance for allowing “Greek” housing was untimely under 30-day statute over claim of insufficient notice rendering it void ab initio… Breuner reversed. [Read more…]
University, Covid tuition/fees reimbursement
UNIVERSITY: Class action for reimbursement of tuition and fees after MSU transitioned to online learning due to Covid properly dismissed… McMahon affirmed (other grounds). [Read more…]
Water, stock use senior to irrigation
WATER: Stock use right properly found senior to irrigation user… Stephen Brown affirmed. [Read more…]
Phone search, attempted rape, interstate jurisdiction
PHONE SEARCH: Court had jurisdiction to issue warrant to search New Jersey phone provider’s records of New Mexico resident accused of attempted rape in Montana under SCA and Montana law… Vannatta reversed. [Read more…]
Attempted escape, judge disqualification
ATTEMPTED ESCAPE/JUDGE DISQUALIFICATION: Defendant properly charged with attempted escape when he fled courtroom during arraignment… Judge present at the incident not disqualified from presiding over subsequent jury trial… Harada affirmed. [Read more…]