SS DISABILITY: Pain/mental claims properly rejected, but stand/walk/sit assessments require clarification… [Read more…]
“Brandishing” firearm
“BRANDISHING” FIREARM: Although whether firearm was “brandished” is sentencing factor, jury properly instructed on [Read more…]
Murder/burglary, expert, felony murder
MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]
Sentencing, firearm enhancement, meth conspiracy
SENTENCING: Firearm enhancement supported by connection between gun and meth conspiracy… 135 months substantively [Read more…]
Sentencing, attempted sexual exploitation
SENTENCING: Judge had no discretion to depart downward from 15-year statutory mandatory minimum for attempted sexual [Read more…]
Sentencing, plea agreement
SENTENCING issues waived in plea agreement, appeal dismissed (unpublished). [Read more…]
Settlements
Plan I
William Beierle, shoulder, 7/07, disputed TTD/PTD, chronic pain [Read more…]
Preliminary injunction, short-line RR, arbitration
PRELIMINARY INJUNCTION improperly went far beyond relief requested by State, required RR to resume per-car payments to [Read more…]
Indians, Blackfeet Tribal Court probate jurisdiction
INDIANS: Blackfeet Tribal Court has exclusive jurisdiction over probate of member’s estate within Reservation because Montana [Read more…]
Marital, judicial admissions, support
MARITAL/JUDICIAL ADMISSIONS: Statements in 2000 pleading and proposed but not adopted findings in connection with motion [Read more…]
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