ATTEMPTED DELIBERATE HOMICIDE: Claims of ineffective assistance for failure to proffer justifiable force or mitigated deliberate homicide in standoff with SWAT deferred to postconviction review… claim of ineffective assistance for failure to object to the State’s incorrect statements regtarding the mens rea of deliberate homicide fails to satisfy Strickland and is affirmed… remanded to amend judgment to conform to oral pronouncement… Seeley affirmed, reversed. [Read more…]
Archives for 2026
Assault on officer (jailer), 24 years MSP, right to jury
ASSAULT ON OFFICER: Reasons for sentencing obstreperous inmate to 24 years at MSP improperly premised on exercise of rights to remain silent, against self-incrimination, to jury, remanded for sentencing before a different judge… plain error review of claim of outrageous conduct by jailers declined… Owen affirmed, reversed. [Read more…]
Confrontation, witness testimony from Washington
CONFRONTATION: Witness to Defendant’s presence in garage properly allowed to testify via video from Washington… Seeley affirmed. [Read more…]
Postconviction, SIWC Defendant, untimely, unmeritorious
POSTCONVICTION claims of SIWC Defendant properly rejected as untimely and also on the merits… Best affirmed (memorandum). [Read more…]
Drugs, circumstantial evidence of possession
DRUGS: Sufficient circumstantial evidenced of possession of meth to support bench-trial conviction… Berger affirmed (memorandum). [Read more…]
Aggravated assault of 3-year-old
AGGRAVATED ASSAULT: Conviction for injuring 3-year-old affirmed over speedy trial issues (613 days) involving frequent counsel substitutions and Interstate Agreement on Detainers… Linneweber affirmed. [Read more…]
Judge disqualification, ex-Chief Deputy Attorney
JUDGE DISQUALIFICATION of Linneweber because of his prior role as Chief Dep. Yellowstone Co. Attorney denied… Order. [Read more…]
Asbestos, $8 million verdict against BNSF reversed
ASBESTOS: BNSF is entitled to the common carrier exception to strict liability for transportation of vermiculite, $8 million verdict for 2 mesothelioma deaths due to handling of vermiculite at its Libby railyard reversed… Morris reversed. [Read more…]
Legal malpractice, PFMA client v. attorney
LEGAL MALPRACTICE: PFMA client’s suit improperly dismissed without determining whether alleged assurances that he was correctly charged are sufficient to toll the statute… Elliott reversed (memorandum). [Read more…]
Sex discrimination, MSH Treatment Rehab Manager
SEX DISCRIMINATION: HO’s findings support rejection of claims by applicants for MSH Treatment Rehab Manager… Doud affirmed, Krueger reversed. [Read more…]
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