SENTENCING: Safety valve relief properly denied in meth case for failure to provide all information/evidence… Haddon affirmed (unpublished). [Read more…]
The Weekly Digest of Montana Law
By Frank
SENTENCING: Safety valve relief properly denied in meth case for failure to provide all information/evidence… Haddon affirmed (unpublished). [Read more…]
By Frank
Claimed fall, loss of consciousness by disappeared trucker rejected… fired for performance reasons, not job injuries… prior employer liable for undisputed injuries… not at MMI, [Read more…]
By Frank
Plan I
Carol Hale, low back, 3/94, disputed replacement of mattresses, no more mattress replacements, $799, Norman Newhall [Read more…]
By Frank
JURY: No prejudice from juror researching “preponderance” on Internet, new trial following defense verdict in siding case properly denied, but judges urged to instruct against Internet research… McLean affirmed. [Read more…]
By Frank
WORK COMP BAD FAITH claims may proceed following stipulated judgment as to liability while claim for future medicals is ongoing, possibly for life… Plaintiff entitled to [Read more…]
By Frank
DELIBERATE HOMICIDE: Expert reports properly allowed in jury room, not violative of common law rule against submitting testimonial materials for unsupervised review… [Read more…]
By Frank
MITIGATED DELIBERATE HOMICIDE: Victim’s prior behavior, unknown to Defendant, offered in support of justifiable defense, properly excluded… psychiatric testimony properly [Read more…]
By Frank
VERDICT: Defense, wrongful discharge, lodge activity director. [Read more…]
By Frank
VERDICT: Defense, home waterline freeze/flood. [Read more…]
By Frank
INEFFECTIVE ASSISTANCE: Defendant prevented by erroneous advice as to potential meth sentences from being able to make intelligent choice between pleading guilty and going to trial… trial strategy elicited testimony that proved [Read more…]