CHILD PORNOGRAPHY: Description of what repair tech saw on computer demonstrated probable cause to seize/search computer… sufficient evidence of knowing possession… 108 [Read more…]
The Weekly Digest of Montana Law
By Frank
CHILD PORNOGRAPHY: Description of what repair tech saw on computer demonstrated probable cause to seize/search computer… sufficient evidence of knowing possession… 108 [Read more…]
By Frank
CHILD PORNOGRAPHY: Sufficient indicia of control to show possession & receipt… Haddon affirmed (unpublished). [Read more…]
By Frank
CHILD PORNOGRAPHY: 240 months substantively reasonable… Haddon affirmed (unpublished). [Read more…]
By Frank
FELON IN POSSESSION: Hearsay as to confidential informant’s role in investigation harmless error… Shanstrom affirmed (unpublished). [Read more…]
By Frank
JUVENILE: Prior juvenile adjudication for sexual assault properly admitted in trial for sexual assault… Haddon affirmed (unpublished). [Read more…]
By Frank
Plan I
Richard Hanson, back, 5/09, disputed, $16,723, stipulated judgment; Laurie Wallace for Hanson, Kelly Wills for MCCF [Read more…]
By Frank
FLSA: Fact issues as to overtime status precluded summary judgment/directed verdict… liquidated damages proper despite jury finding no willfulness… $95,738/ $90,675 fees [Read more…]
By Frank
LENDING BREACH: “Conditional Pre-Approval” for $1 million loan, even if considered under fraud exception to parol evidence rule, would not have supported fraud as result of [Read more…]
By Frank
INDIANS: Non-member widow of member had right to sue in State Court for med-mal allegedly occurring on CSK Reservation… Lympus reversed. [Read more…]
By Frank
INDIANS: CFSD had jurisdiction for child abuse/ neglect substantiation proceedings against tribal member for alleged acts on Reservation against Indian child… McCarter affirmed. [Read more…]