Montana Law Week

The Weekly Digest of Montana Law

Archives for 2024

Deliberate homicide, group fistfight death

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DELIBERATE HOMICIDE: Defendant accused of hatcheting to death a participant in what was supposed to be a group fistfight was not prejudiced by failure to give accomplice instruction… no prejudicial effect from Prosecutor’s opinions/vouching in light of entire evidence and cautionary instruction… prejudice not shown by panelists possibly seeing Defendant escorted by guards in restraints… conviction affirmed… Best affirmed (memorandum). [Read more…]

Prosecutorial misconduct, “were they lying?”

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PROSECUTORIAL MISCONDUCT: Prosecutor’s “were they lying” questions proper because robbery Defendant’s and witnesses’ testimonies were diametrically opposed… “you could just tell the truth, couldn’t you?” was not personal opinion as to whether Defendant was telling the truth… counsel not ineffective for failing to object… postconviction petition properly denied… Ohman affirmed. [Read more…]

Insurance, UTPA claim-splitting, res judicata

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INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]

Settlements

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Plan I

Jean Parnell, left knee, 11/20, Safeway, Dillon, Safeway accepted claim, paid all benefits due & owing, disputes as to ongoing wage loss and future medical, $16,000 for all claims, stipulated judgment; Jean Parnell, pro se, Adriana Potts for Safeway [Read more…]