HOLOGRAPHIC WILL valid only for appointing sister PR, did not create power of appointment or trust, undisposed part of estate must pass under intestacy to children… Knisely affirmed, reversed. [Read more…]
Archives for February 2026
Marital, failure to file disclosures
MARITAL: Attempt to set aside decree because the parties neglected to file final disclosures properly rejected as another attempt to impede wife’s effort to enforce it… wife entitled to attorney fees for frivolous appeal… Gilbert affirmed. [Read more…]
Initiative, CI-132’s ballot statement
INITIATIVE: CI-132’s proposed ballot statement — “CI-132 amends the Montana Constitution to require that judicial elections remain nonpartisan” — accepted over AG’s revision… Opinion & Order. [Read more…]
Attorney discipline, Joshua Van de Wetering suspended
ATTORNEY DISCIPLINE: Joshua Van de Wetering suspended for 30 days on tendered admission of failure to communicate with client, required to pay her $35,000 restitution if his insurer declines to pay for dismissed case. [Read more…]
Rape, “regrettable sex defense,” blind experts
RAPE: State’s blind expert improperly allowed to remain in courtroom prior to rebuttal of Plaintiff’s blind expert on “regrettable sex defense” but error was harmless… increasing sentence on retrial from 40 years MSP 20 suspended to 50 years MSP 30 suspended was vindictive sentencing, remanded to change term to 40 years MSP 20 suspended… Christopher affirmed, reversed. [Read more…]
Attempted deliberate homicide by vehicle, jail call
ATTEMPTED DELIBERATE HOMICIDE by vehicle affirmed over objection to jail call contrary to confrontation right and mother’s alleged boosting of victim’s credibility… Lint affirmed (memorandum). [Read more…]
Robbery/kidnap/drugs, pharmacy holdup
ROBBERY/KIDNAP/DRUGS: Pharmacy robbery convictions affirmed over challenges to hearing impaired witness, sufficiency of evidence, use of overlay of store and pawn shop security footage during closing… Allison affirmed. [Read more…]
$13,461.17 verdict, pit bull bite of child
VERDICT: $13,461.17, child bitten by pit bull. [Read more…]
Defense verdict, home defects, soils/foundation system
VERDICT: Defense, home defects, soils/foundation system. [Read more…]
Defense verdict, discharge of reclaimed irrigation water
VERDICT: Defense, alleged discharge of pollutants from golf course to navigable waters. [Read more…]