DELIBERATE HOMICIDE: Plain error review declined as to failure in bench trial to sua sponte give lesser-included instruction for mitigated deliberate homicide… Moses affirmed. [Read more…]
Archives for 2026
DUI, driver who fled single-vehicle accident
DUI: Driver who fled single-vehicle accident was properly arrested at his home and convicted of driving under the influence of Dust-Off… McElyea affirmed. [Read more…]
Obstruction, filming traffic stop
OBSTRUCTION: Bicyclist who stopped next to traffic stop to film and refused to move “a little bit away” properly convicted of obstruction… Allison affirmed. [Read more…]
Theft, hearsay texts improperly admitted as to value
THEFT: Hearsay text messages improperly admitted to prove value of property taken from storage unit, conviction of theft of property valued at over $1,500 but less than $5,000 reversed, remanded for new trial… Best reversed. [Read more…]
Holographic will valid only for appointing PR
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…]
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…]
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