REVOCATION: No authority to impose consecutive sentence upon revocation in convoluted sentencing scenario… Allison reversed. [Read more…]
Archives for August 2024
Assault on officer, caretaker entry into suicidal home
ASSAULT ON OFFICER: Warrantless entry into suicidal person’s home justified by community caretaker doctrine, suppression of evidence properly denied… conviction for pointing pistol or what appeared to be a pistol at officer affirmed… Krueger affirmed. [Read more…]
Permanent order of protection against assaulter
PERMANENT ORDER OF PROTECTION properly entered against assaulter… Perry affirmed (memorandum). [Read more…]
Pro se appellant, no right to pro se on appeal
PRO SE APPELLANT: No right on appeal to represent oneself… Order. [Read more…]
Subdivision, approval of preliminary plat mandated
SUBDIVISION: City mandated to approve preliminary plat application following arbitrary & capricious denials… Gilbert. [Read more…]
Chronic headaches, lack of objective medical findings
Chronic headaches claim rejected on summary judgment for lack of objective medical findings… Bruner. [Read more…]
Settlements
Plan I
Alissa Militello, right shoulder 4/23, Target, Kalispell, disputes as to wage loss, nature & extent of injuries, need for future treatment, $12,500 for all claims, stipulated judgment; Kraig Moore for Militello, Charlie Smith for Target [Read more…]
Duplicative claims, res judicata v. claim-splitting
DUPLICATIVE CLAIMS: Order denying oncologist leave to amend wrongful termination complaint was not a final judgment for purposes of res judicata, but second suit restating claims still properly dismissed based on prohibition against claim-splitting… Seeley affirmed (other grounds). [Read more…]
Easement, equitable easement, de minimis encroachment
EASEMENT: Montana law does not recognize equitable easement… encroachment must be cured by removing fence and gate from neighbor’s property and placing them at the actual line but house is de minimis encroachment and need not be moved… additional Water Well Agreement restrictions were reasonable considering the parties’ animosity… Eddy reversed, affirmed. [Read more…]
Attorney fees between government entities
ATTORNEY FEES: Legal basis for award of fees between government entities… equities and tangible parameters support award of fees to small town against regional water authority… Ruiz affirmed. [Read more…]