SENTENCING: 98 months for receipt of child pornography substantively reasonable, but remanded for reconsideration of lifetime supervision… special conditions affirmed except no [Read more…]
The Weekly Digest of Montana Law
By Frank
SENTENCING: 98 months for receipt of child pornography substantively reasonable, but remanded for reconsideration of lifetime supervision… special conditions affirmed except no [Read more…]
By Frank
SENTENCING: Maximum 210 months for child pornography receipt affirmed… $3,000 restitution to child proper… Shanstrom affirmed (unpublished). [Read more…]
By Frank
SENTENCING: Imposition of sentence for felon in possession of firearm consecutive to state sentence obviated requirement [Read more…]
By Frank
SENTENCING: Disputed facts not relied on at drug sentencing… Molloy affirmed (unpublished). [Read more…]
By Frank
By Frank
WATER: Denial of instream flow change based on incomplete return flow analysis abuse of discretion, but DNRC still has discretion to determine historically diverted amount, “amount historically consumed,” or lesser amount, balancing fish [Read more…]
By Frank
CONTEMPT: Show-cause orders against Victim Advocate for criticism of JP’s handling of orders of protection vacated on supervisory control… order. [Read more…]
By Frank
SPEEDY TRIAL not violated by 924 days to homicide trial, multiple continuances and counsel changes, Judge’s plea [Read more…]
By Frank
RAPE: Jury presented with evidence of intoxication, not precluded from considering it, merits of Art. II §§ 3 & 24 challenge not reached… challenge to admission of recording [Read more…]
By Frank
DEFAMATION claims by nuisance animal refuge operators rejected, Rule 11 sanctions against pro se Plaintiffs… Simonton. [Read more…]