The Weekly Digest of Montana Law
By Frank
RAPE/SEXUAL ASSAULT: Failure to do rape exam of massage client who claimed digital penetration not amenable to plain-error review… claim of ineffective assistance for not moving to dismiss or reduce charges based on lack of exam more suited for postconviction… mistrial not warranted by brief [Read more…]
By Frank
RESTITUTION: Forgery accountability defendant properly ordered to pay $739,312 embezzled from State by his mother and passed to him for gambling, even though he purportedly believed it came from his step-father’s business… full [Read more…]
By Frank
POSTCONVICTION DNA: Hit & run driver identity was significant issue, but DNA testing of bloody envelope found on passenger side would not establish whether Defendant was the driver… (first impression, de novo review standard)… no [Read more…]
By Frank
SPEEDY TRIAL/SENTENCING: Defendant who pled guilty and waived speedy trial in acknowledgment/ waiver in 1st plea change and during colloquy in 2nd plea change failed to [Read more…]
By Frank
Claimant injured while feeding grizzly was employee of bear park, not volunteer… use of marijuana ill-advised or mind-bogglingly stupid but not “major contributing cause” of [Read more…]
By Frank
Plan I
Misti Andersen, hip, 9/02, disputed, $200,000 new money ($125,000 MSA), stipulated judgment; John Doubek for Andersen, Michael [Read more…]
By Frank
ATTORNEY PRACTICE: Rules proposed for regulation of attorney-at-law practice… order. [Read more…]
By Frank
MARITAL: Husband forfeited right to use ex-wife’s property for auto dealership by transferring free rent right to buyer of dealership, properly required to pay $2,500/mo rent after partial transfer of dealership… $68,476 fees at $175/hr [Read more…]
By Frank
MARITAL: Louisiana more appropriate for PKPA custody dispute now, even if Montana was more appropriate in 2004… McKittrick affirmed. [Read more…]
By Frank
RAPE/INCEST: Deputy’s comment that accuser’s story “seemed credible” not impermissible vouching warranting plain-error review… Prosecutor’s “vouching” must be viewed in light of conflicting testimony, cautionary instruction [Read more…]