JUDICIAL BIAS/JURY/CONTRACT: Claims of bias/ex parte by Judge following conversion of jury trial to bench trial and award of [Read more…]
Discovery, rollover ejection, supervisory control
DISCOVERY: Supervisory control of discovery orders by Deschamps in rollover ejection case denied… order. [Read more…]
Marital, property, custody
MARITAL: Property properly distributed (loan v. gift to purchase premarital house, wife’s contributions, wife’s car paid with home [Read more…]
Marital, property, clarification on remand
MARITAL: Wife properly relieved of obligation to pay on $242,357 note to husband under Judge’s broad discretion to equitably [Read more…]
Venue/prosecutorial conduct, prejudice analysis
VENUE/PROSECUTORIAL CONDUCT: Montana venue analysis for presumed/actual prejudice reconciled with federal, abuse of discretion standard retained… venue change properly denied [Read more…]
DUI, affirmative evidence of prior invalidity
DUI: No affirmative evidence of invalidity of prior DUIs… 4th-DUI conviction affirmed… McCarter affirmed. [Read more…]
Sentencing, reference to “negative” jail behavior
SENTENCING: Due process not violated by Judge’s reference to “negative behavior” at jail, cutting cross short, Judge properly [Read more…]
Taxes/class action, cyclical ag reappraisal
TAXES/CLASS ACTION: Petitioners challenging cyclical ag reappraisal did not fail to commence action as class action [Read more…]
Defense verdict, excessive force shooting death
VERDICT: Defense, claim of excessive force in shooting death of shotgun-wielding 13-year-old following high-speed pursuit for gas drive-off. [Read more…]
ERISA, Montana HIPPA, unfair discrimination
ERISA: Claim that Montana HIPAA prohibits requiring an individual to pay a premium greater than premiums of similarly situated [Read more…]
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