The Weekly Digest of Montana Law
By Frank
SENTENCING: 40 years, no parole for 20 years for mitigated deliberate homicide vacated pursuant to stipulation following dispute over parole restriction and whether plea agreement breached… remanded for new sentencing with new judge in place of Lympus… order. [Read more…]
By Frank
SENTENCING: Supervisory control of Larson over no medical marijuana sentencing condition denied… order. [Read more…]
By Frank
CRIMINAL ENDANGERMENT: J. Brown improperly instructed on “knowingly,” conviction reversed by stipulation, remanded for new trial… order. [Read more…]
By Frank
REAL ESTATE: Indenture trustee’s duty to notify all lienholders extends to potential purchasers, $1.5 million liens discovered after sale for $735,705… breach of express warranty under §71-1-318 rejected, breach of implied warranty under §70-20-304 survives… negligence per se adequately pled, but [Read more…]
By Frank
SENTENCING: Statement that range was 41-52 months for cocaine charge when correct range was 41-51 months [Read more…]
By Frank
ENVIRONMENT: Request to terminate 2007 East Helena ASARCO smelter cleanup trust and return remaining $1.2 million in light of 2009 bankruptcy custodial trust denied… Lovell. [Read more…]
By Frank
By Frank
PRODUCT LIABILITY/NEGLIGENCE: $7,490,000 CO verdict for 18 Plaintiffs against heater manufacturer improperly reduced by 30% negligence of installer since jury not asked to apportion negligence/product, but should be reduced by $2 [Read more…]
By Frank
INITIATIVES: I-624 to cap interest by payday, title, retail installment lenders modified by adding “consumer loan licensees” to statements of purpose and implication, other minor additions and style changes… no referral to district court… opinion & order. [Read more…]
By Frank
MARITAL: Father’s disability, move to Arizona, prima facie change of circumstances for hearing on proposed change in parenting plan, petition improperly summarily rejected… Todd reversed. [Read more…]