PLEA AGREEMENT properly held illegal for proposing amendment of child sex abuse offenses to fictitious SIWC by common scheme… Seeley affirmed. [Read more…]
Archives for 2024
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…]
Drugs, purse search, Marshals v. PO
DRUGS: Meth possession/tampering conviction affirmed over challenge to improper consideration of motion to suppress search of purse involving US Marshals and PO… Deschamps affirmed (memorandum). [Read more…]
Strangulation PFMA, “foster father”
STRANGULATION PFMA: Conviction of strangling “foster father” reversed by stipulation following contention that “foster father” is not a “family member”… Cuffe reversed… Order. [Read more…]
$150,000 verdict, intersection MVA, whiplash
VERDICT: $150,000, intersection MVA, admitted liability, whiplash. [Read more…]
Student travel, COVID disruption refunds
STUDENT TRAVEL: Claims of breach of contract for failing to provide full refunds for trips that were disrupted by COVID properly rejected on summary judgment… Cavan/Watters affirmed (memorandum). [Read more…]
Failure to attend medical appointments
DLI’s failure to make factual finding as to whether Claimant’s failure to attend medical appointments was unreasonable before approving insurer’s request to suspend comp requires remand… Bruner. [Read more…]
Settlements
Plan I
Kendra Reeves, low back, 11/19, $76,500, Matthew Murphy [Read more…]
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