UNFAIR LABOR PRACTICES: MBPA hearing examiner’s decision correctly held not eligible for judicial review under §§ 2-4-701 or 702(1)(a)… Ruiz affirmed. [Read more…]
Archives for 2024
Attorney discipline, conversations with co-defendant
ATTORNEY DISCIPLINE: Jack Morris suspended for 30 days for conversations with his client’s co-defendant… Order. [Read more…]
Gender dysphoria, SB 99 preliminary injunction
GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Probable cause determination
PROBABLE CAUSE DETERMINATION: Incarcerated burglary Defendant not prejudiced by 13-day delay between initial appearance and when District Court granted State’s motion for leave to file information… PSI and prosecution fees improperly imposed in judgment when not in pronouncement… Berger affirmed, reversed. [Read more…]
Sentencing, treatment court requirement
SENTENCING: Treatment court improperly imposed as part of possession sentence (rather than just recommendation)… properly imposed as condition of suspended tampering sentence… misdemeanor sentences exceeded statutory maximum… Rieger reversed, affirmed. [Read more…]
Revocation, failure to follow MIIG procedure
REVOCATION: Alleged failure to follow MIIG intervention procedure not preserved for appeal… Ruiz affirmed (memorandum). [Read more…]
SSD, job outside normal business hours
SSD: Sufficient evidence that Claimant can find job outside normal business hours so he can attend treatment… Christensen affirmed (memorandum). [Read more…]
Obstruction of justice, lying about sex with victim
OBSTRUCTION OF JUSTICE enhancement to aggravated sexual abuse sentence properly imposed for Defendant’s testimony at trial that he did not have sex with the victim in contrast to his prior statements that he had sex with her… Morris affirmed (memorandum). [Read more…]
Settlements
Plan II
Phillip Rivera, left lower extremity including knee, 12/22, sales associate, Glacier Ace Hardware, Kalispell, Sequoia placed claim under §615, after medical providers removed Petitioner from the workforce in 2/23 Sequoia placed claim under §608, at all material times paid appropriate medical & indemnity, disputes include whether accident aggravated pre-existing knee conditions which requires meniscal repair or total knee arthroplasty, $17,500 for all claims, stipulated judgment; Alex Evans for Rivera, Thomas Harrington for Sequoia Ins. [Read more…]
Arbitration, detective dismissal, fitness for duty
ARBITRATION: Arbitrator’s finding that detective was dismissed without cause properly found to comply with the law but remand to Arbitrator improperly modified the award… Whelan affirmed, reversed. [Read more…]
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