DRUGS: Traffic stop properly expanded to drug investigation and discovery of meth but State was improperly allowed to offer rebuttal evidence of prior drug sales to counter Defendant’s claim that she only used drugs… possession with intent to distribute conviction reversed, remanded for new trial… Lint affirmed, reversed. [Read more…]
Archives for 2025
Drugs, odd driving stop of suspected traffickers
DRUGS: Odd driving provided particularized suspicion for Terry stop of suspected drug traffickers and users which led to discovery of drugs… Swandal affirmed. [Read more…]
Drugs, rehearing denied in speeding stop suppression case
DRUGS: Rehearing denied in speeding stop suppression case… Order. [Read more…]
DUI, California statute sufficiently similar to Montana’s
DUI: California statute which does not specify where the offense occurs is sufficiently similar to Montana’s statute which specifies “upon the ways of this state open to the public” to support felony enhancement… McElyea affirmed. [Read more…]
FTCA, BIA ditch rider’s pit bull bite
FTCA: Summary judgment for US properly granted based on landlord-tenant relationship of BIA ditch rider living in BIA housing whose pit bull bit Plaintiff, but improperly granted based on employee’s alleged negligence within scope of his employment… Molloy affirmed, reversed (memorandum). [Read more…]
SS, no “good cause” for missing telephonic hearing
SS: Substantial evidence supports ALJ’s finding that claimant did not show “good cause” for missing telephonic hearing resulting in denial of petition… Johnston affirmed (memorandum). [Read more…]
“Medically determined physical restriction” for TPD
MSF has not established that Petitioner does not have a “medically determined physical restriction” for TPD purposes… Bruner. [Read more…]
Settlements
Plan I
Scott Eaton, low back, 1/23, $61,651, medical reserved, Chris Helmer [Read more…]
Abortion, 2021 legislation unconstitutional
ABORTION: 2021 legislation regulating abortions stricken as unconstitutional… Krueger affirmed. [Read more…]
Marital, wife properly reimbursed from house sale
MARITAL: Wife properly reimbursed from house sale for expenses maintaining the estate after doctor husband’s incarceration… fees awarded for frivolous appeal… Recht affirmed (memorandum). [Read more…]
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