ASSAULT ON MINOR: Plea agreement for deferred sentence for severe spanking of child entered into with first Prosecutor undermined by second Prosecutor’s disparaging comments… suspended sentence reversed, remanded with opportunity to substitute Judge… Knisely reversed (memorandum). [Read more…]
Archives for 2024
Defense verdict, broodmare death from severe colic
VERDICT: Defense, broodmare death from severe colic. [Read more…]
Sentencing, McCoy claim as to counsel’s guilt concession
SENTENCING: McCoy claim that trial counsel conceded drug Defendant’s guilt on felon possessing firearm over his express objection improperly summarily dismissed… Watters reversed (memorandum). [Read more…]
Attorney discharge, Texas lawyer, Montana home office
ATTORNEY DISCHARGE: No Montana personal jurisdiction over wrongful discharge suit by Texas law firm attorney who moved to Montana to work out of his home… case transferred to Texas Federal Court rather than dismissed… Molloy. [Read more…]
Settlements
Plan I
Robert Lanman, multiple, 7/02, PT, $163,807.99, Mark Kovacich [Read more…]
Judicial estoppel, malicious prosecution/abuse of process
JUDICIAL ESTOPPEL: Counsel substitution not justification for untimely summary judgment motion but no prejudice so properly allowed, but malicious prosecution and abuse of process claims not barred by judicial estoppel arising from failure to update Ch. 7 schedules to disclose pending claims… Fehr reversed. [Read more…]
Marital, modified child support prior to CSSD notice
MARITAL: Modified child support properly ordered prior to wife receiving notice from CSSD… Menahan affirmed. [Read more…]
CI 14 abortion initiative ballot statement specified
CONSTITUTIONAL INITIATIVE: AG’s ballot statement for CI 14 abortion initiative rejected, Court certifies its own statement… Opinion & Order. [Read more…]
DUI, independent blood draw, confused advisories
DUI: Defendant not impeded from obtaining independent blood draw by confused advisories between supervisor and trainee… Halligan affirmed (memorandum). [Read more…]
Judicial conduct, criticism of counsel’s strategy
JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]
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