INEFFECTIVE ASSISTANCE claims by incest Defendant rejected… Sandefur affirmed.
Darryl Hamilton was convicted in 4/05 of 8 counts of felony incest of stepdaughter BH, 15 at the time of trial, and was sentenced by [Read more…]
The Weekly Digest of Montana Law
By Frank
INEFFECTIVE ASSISTANCE claims by incest Defendant rejected… Sandefur affirmed.
Darryl Hamilton was convicted in 4/05 of 8 counts of felony incest of stepdaughter BH, 15 at the time of trial, and was sentenced by [Read more…]
By Frank
BENCH JUDGMENT: Insurer wrongly refused to pay fire loss based on allegedly concealed/misrepresented facts… owner entitled to $225,775 for home that burned shortly before he was to move it, $8,839 for personal property, $66,474 interest from proof of loss… Dayton. [Read more…]
By Frank
VERDICT: $501,007.68 net (51/49), naturopath malpractice, failure to refer patient with chest pain to cardiac specialist, negligence by patient in failing to continue chelation, heart attack death. [Read more…]
By Frank
Plan I
Kathleen Wolfe, low back, 8/79, medicals (indemnity previously settled), $82,000, Leslae Dalpiaz [Read more…]
By Frank
RECREATIONAL USE: No liability for injuries by “500” player who inadvertently crossed onto neighbor’s property while running to catch ball and struck hidden wellhead… Sherlock affirmed (I-3(d)(v)). [Read more…]
By Frank
CAR DEALERSHIP: Summary judgment/attorney fees properly awarded Plaintiffs in convoluted sale/lease transactions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]
By Frank
PLEA WITHDRAWAL: Judge had no obligation to advise of collateral effect of pleading guilty to PFMA, including loss of gun rights, withdrawal properly denied… [Read more…]
By Frank
PLEA WITHDRAWAL: No misrepresentation by Judge, Prosecutor, counsel that felony arson Defendant with prior felony was entitled to deferred sentence, no “good cause” for [Read more…]
By Frank
PLEA WITHDRAWAL: Plea agreement “understanding” that State would not recommend parole restriction not breached by Prosecutor’s objection to SRD as to removal of restriction… Christopher affirmed. [Read more…]
By Frank
CHILD WITNESS: “Face to face” challenge of audio-video testimony improvidently considered, poorly briefed, inadequately supported by record… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]