SENTENCING: No abuse of discretion in refusing to seal Defendant’s psychosexual report… 405 months for aggravated sexual assault not unreasonable… Haddon [Read more…]
Unauthorized practice, CUPL dissolved
UNAUTHORIZED PRACTICE by non-attorneys to be dealt with by AG Consumer Protection Office, attorneys not licensed in Montana to be dealt with by State Bar, ODC… CUPL [Read more…]
Jury, new panel list with drivers, “ensuing year”
JURY: Defendant failed to demonstrate Judge abused discretion in interpreting ambiguous statute as new panel list must include drivers in “ensuing calendar year” rather than [Read more…]
Sentencing, jail credit, parole “dead time”
SENTENCING: Defendant entitled to credit against new drug sentence of 224 days in jail from arrest to sentencing without regard to Parole Board decision that entire time on parole [Read more…]
Youth, Pine Hills commitment
YOUTH: Youth may be committed to Pine Hills if he commits 4 misdemeanors within “12 months”… waived challenge to RN as proper evaluator… substantial evidence of danger to [Read more…]
Plea withdrawal, no memory of agreement/plea
PLEA WITHDRAWAL properly denied over claims of no memory of plea agreement or plea, failure to advise of misdemeanor theft as lesser-included of felony theft, failure to establish [Read more…]
Wrongful discharge, probation period
WRONGFUL DISCHARGE: HR Manager’s probation began on date she was “owed compensation” pursuant to §40-5-901(1), not from when she may have provided uncompensated [Read more…]
Common fund fees/ERISA, comp reimbursement
COMMON FUND FEES/ERISA: Comp lawyer entitled to $34,654 fees from employer’s non-comp medical insurer as 25% of $138,586 reimbursement resulting from pre-03 comp case… [Read more…]
$100,000 defense verdict, “Dare-Dare”
VERDICT: Defense, failure to control child in alleged “Dare-Dare” sexual molestation/assault… $100,000 to mother and son Defendants on infliction of emotional distress [Read more…]
Sentencing, child porn enhancement, docket
SENTENCING: Maryland docket sheet entries sufficient proof that Maryland “child abuse” conviction involved sexual conduct predicate for child pornography sentencing [Read more…]
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