PLEA AGREEMENT: Plain error review of claim of inadequate advisement that guilty plea would result in deportation declined… McElyea affirmed. [Read more…]
Incest, minor stepdaughter, delayed disclosures
INCEST: Convictions relating to sex with minor stepdaughter affirmed over cumulative error claim including blind expert’s testimony about delayed disclosures, other bad acts evidence, alleged Doyle error… Lint affirmed (memorandum). [Read more…]
Warrantless entry into suicidal person’s home
WARRANTLESS ENTRY into home justified by “objectively reasonable basis for believing” that entry was needed to prevent suicide (community caretaker doctrine, borrowed from criminal context, is inapt)… Krueger, Montana Supreme Court affirmed (other grounds). [Read more…]
Drugs, overwhelming evidence of guilt
DRUGS: Any error in challenged evidence harmless in light of overwhelming evidence of guilt… Watters affirmed (memorandum). [Read more…]
Covenants, viewshed, $420,000 fees
COVENANTS: Whether Defendants sufficiently considered impact of home construction on Plaintiffs’ views of mountains improperly decided on summary judgment… $420,000 fees award to Defendants vacated pending jury’s determination of who wins… Ohman reversed. [Read more…]
Supervisory control, work comp collateral estoppel
SUPERVISORY CONTROL of Linneweber over collateral estoppel issue relating to industrial accident declined… Order. [Read more…]
Initiative, BI-4 “artificial persons”
INITIATIVE: AG’s rejection of BI-4 “artificial persons” for violation of separate vote affirmed… Opinion & Order. [Read more…]
Marital, contempt, farm partnership
MARITAL: Husband properly held in contempt, decree involving distribution of farm partnership interest properly modified… Ruiz affirmed. [Read more…]
Revocation, hearing with Defendant unrepresented
REVOCATION: Disposition improvidently granted following hearing with Defendant unrepresented… Bonilla reversed. [Read more…]
Voluntary absence from felony trial
ABSENCE FROM TRIAL: Defendant’s voluntary absence from felony drugs trial did not require a due diligence inquiry, properly convicted in absentia… Owen affirmed. [Read more…]
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