DUI: No Brady violation by negligent loss of late-disclosed casino CCTV recording not showing Defendant intoxicated immediately before accident… motion to dismiss properly denied… Tucker affirmed. [Read more…]
The Weekly Digest of Montana Law
By Frank
DUI: No Brady violation by negligent loss of late-disclosed casino CCTV recording not showing Defendant intoxicated immediately before accident… motion to dismiss properly denied… Tucker affirmed. [Read more…]
By Frank
REVOCATION: Sentence imposed on animal shelter operator upon 1st revocation may have been objectionable as greater than original, but was never appealed, sentence imposed [Read more…]
By Frank
VERDICT: Defense, medical malpractice, neonatal hypoglycemic brain, alleged failure to maintain proper glucose levels. [Read more…]
By Frank
SENTENCING: 3 years supervised release following 16 months not improper for SS fraud, theft of federal money… Lovell affirmed (unpublished). [Read more…]
By Frank
VERDICT: $945,000, 3 Hispanic deputy sheriffs, no discrimination but adverse employment actions by County, Sheriff, deputies, retaliation, 1st-amendment, punitives. [Read more…]
By Frank
Plan I
Robert Stevens, knee, 9/08, disputed, $10,000, stipulated judgment; Garry Seaman for Stevens, Kelly Wills for MCCF [Read more…]
By Frank
DISABILITY DISCRIMINATION: $494,641.23 value of career opportunity lost to 30-year-old obese conductor trainee applicant… RR’s request to resume screening rejected as futile in light of history of excluding obese applicants… RR [Read more…]
By Frank
REAL ESTATE: Tortious interference with contract properly found in Californian’s attempt to induce Montana ranch seller to repudiate exchange agreement with Montanan and sell to Californian… claim that Californian merely induced seller to [Read more…]
By Frank
STAY PENDING APPEAL of Sherlock’s order enforcing $368,240 HRC judgment for obese track laborer applicant denied… Notice of Decision misplaced/misfiled, appeal to HRC untimely… order. [Read more…]
By Frank
BURGLARY/ATTEMPTED RAPE/SENTENCING: Sentences based on PFO replace sentence for underlying felony, PFO may be sentenced to maximum on each charge, Gaither overruled, Defendant properly sentenced to both life for attempted rape and 100 years as PFO for burglary… sufficient evidence of [Read more…]