Archives for 2025

Indian parental termination

August 9, 2025 By lilly

INDIAN PARENTAL TERMINATION affirmed… Laird affirmed. [Read more…]

DUI, 21 days between appearance and probable cause

August 9, 2025 By lilly

DUI: 21 days between initial appearance and probable cause hearing was reasonable… SCRAM improperly imposed as parole condition… $5,000 mandatory minimum fine improperly imposed without consideration of ability to pay… Whelan affirmed, reversed. [Read more…]

DUI, mandatory minimum custodial sentence

August 9, 2025 By lilly

DUI: Mandatory minimum custodial sentence for 4th DUI not unconstitutional… Recht affirmed. [Read more…]

Multiple convictions, mischief, attempted burglary

August 9, 2025 By lilly

MULTIPLE CONVICTIONS violated by separate conviction for criminal mischief underlying attempted burglary… Seeley reversed (memorandum). [Read more…]

Time served, 2,220 additional days credit

August 9, 2025 By lilly

TIME SERVED: Remanded for additional 2,220 days credit in convoluted case… Seeley reversed. [Read more…]

Assault on officer, sua sponte ineffective assistance

August 9, 2025 By lilly

ASSAULT ON OFFICER: Sua sponte finding of ineffective assistance without opportunity to be heard requires a new trial before a different judge… Wilson reversed (memorandum). [Read more…]

Rape/incest, time served in 3 counties

August 9, 2025 By lilly

RAPE/INCEST: Time served in 3 counties improperly calculated… fines, surcharges, IT fees improperly imposed without evaluating ability to pay and merely because the length of Defendant’s sentence would give him time to pay… Gilbert affirmed (memorandum). [Read more…]

Insurance, Apex product, “employee ski day” injury

August 9, 2025 By lilly

INSURANCE: Plaintiff injured during “employee ski day” who alleges that Apex product was “effectively useless” allowed to amend to add punitives and a restructured employer… Berger. [Read more…]

Federal income taxes, $400,000 judgment

August 9, 2025 By lilly

FEDERAL INCOME TAXES: Challenge to $400,000 judgment rejected… Molloy affirmed (memorandum). [Read more…]

Settlements

August 9, 2025 By lilly

Plan I

Kayla Knuckles, low back, 12/23, left shoulder, 6/24, FedEx Ground Package System, Billings, FedEx paid some benefits, disputes as to extent & nature of liability for ongoing indemnity and treatment, $35,000 new money for all claims, stipulated judgment; Greg Overturf for Knuckles, Jon Dyre for FedEx [Read more…]