STALKING: Defendant waived right in plea agreement to challenge constitutionality of statute under subsequent USSC mens rea holding… Brown affirmed (memorandum). [Read more…]
Archives for 2024
DUI, 3rd-party report of “drunk driver”
DUI: Officer properly relied on 3rd-party reports to dispatch of “drunk driver” to administer field tests after observing bloodshot & glassy eyes, motion to suppress properly denied…. Kolar/Harris affirmed (memorandum). [Read more…]
Defense verdict, med-mal, lacerated tendon diagnosis
VERDICT: Defense, claimed untimely diagnosis of lacerated tendon from dropped glass. [Read more…]
Defense verdict, “pedestrian”/pickup, broken bones
VERDICT: Defense, pickup driver struck by another pickup while stepping down from adjusting straps on load… broken bones. [Read more…]
Jurisdiction, Washington med-mal Defendants
JURISDICTION: Personal jurisdiction in med-mal case properly declined over Washington Defendants, but should be transferred, not dismissed… Morris affirmed, reversed (memorandum). [Read more…]
Settlements
Plan I
Aimee Bourque, arms/wrists/CTS, 2/23, MSU, aggravation to pre-existing conditions working as a custodian and carrying trash/supplies up & down stairs while an elevator was out at the Bozeman campus, Peter Kelleher reviewed an EMG/NCV study and diagnosed bilateral CTS, right worse than left, Petitioner was released to full duty until surgery on her right wrist could be performed, in 3/23 Kelleher sent a request for authorization for a CT release which MSU denied as it was still investigating, in 5/23 IME orthopedic surgeon Donald Erickson agreed that she had bilateral CTS but opined that her symptoms were due to natural progression of a chronic disease and not directly related to the 2/23 work activities, Kelleher concurred in 6/23 and Petitioner’s claim was denied, in 2/24 Petitioner arranged a personal IME by John Schumpert who concluded that her CTS was work-related based primarily on the fact that she did not have symptoms prior to her 24-year employment with MSU and also the year-long elevator outage beginning in 10/22, $12,000 for all claims, stipulated judgment; Dean Blackaby for Bourque, Geoffrey Keller for MUS [Read more…]
Judge substitution, successor to retired Judge
JUDGE SUBSTITUTION: Party seeking to substitute successor to retired Judge had actual notice of successor, untimely motion properly denied despite no formal notice… Bonilla affirmed (memorandum). [Read more…]
Probate, PR determination, spousal status
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…]
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…]
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