SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 5-level enhancement for serious injury, 48 months substantively [Read more…]
Sentencing, late-amended PSR, ability to pay
SENTENCING: No prejudice from amended PSR 5 days before hearing, with hearing continued 1 week… no error in failure to resolve ability-to-pay disputes since temporal term not [Read more…]
Sentencing, sex abuse of minor, mandatory, Indian
SENTENCING: Mandatory minimum for aggravated sex abuse of minor not violative of equal protection as applied to Indian, not cruel & unusual… Cebull affirmed (unpublished). [Read more…]
Sentencing, possession of stolen guns
SENTENCING: 98 months for possession of stolen guns substantively reasonable… Lovell affirmed (unpublished). [Read more…]
Venue, child pornography
VENUE change to Oregon properly denied in child pornography case… Cebull affirmed (unpublished). [Read more…]
Settlements
Plan I
Rebecca Tyler, 9/97, 7/08, 1/09, total, disputed, $50,000 new money, stipulated judgment; Stacy Tempel-St. John for Tyler, [Read more…]
Venue, witness convenience, interlocutory appeal
VENUE: Curtis’s transfer from Flathead to L&C under §25-2-201(3) not subject to interlocutory challenge. [Read more…]
Marital, false sex abuse accusations, interference
MARITAL: Supervisory control of Larson, Deschamps, GAL, CFS, psychologists, Board of Psychology denied in civil and criminal custody cases in which girls confessed to falsely accusing father of sexual abuse at urging of mother, and [Read more…]
Sentence review, “clearly inadequate or excessive”
SENTENCE REVIEW: “Clearly inadequate or excessive” standard valid (over Petitioners’ argument for equitable [Read more…]
Sentencing, public nuisance, removal of cats
SENTENCING: Removal of pet cats & dog proper condition of conviction for maintaining public nuisance in order to reduce likelihood of feeding feral cats which constituted the nuisance… McKinnon affirmed. [Read more…]
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