ASSAULT ON MINOR: Expert testimony on “non-accidental trauma” properly allowed as to injuries suffered by 4-month-old… warrant to search phone was impermissible general warrant but evidence seized was harmless… counsel not ineffective for failing to object to internet searches for defense council and to Prosecutor’s closing statements… conviction affirmed… Seeley affirmed. [Read more…]
Rehearing, 1,514 days pre-arrest delay by absconder
REHEARING of case involving 1,514 days pre-arrest delay by Defendant who absconded to Mexico denied… Order. [Read more…]
SSD, spine disorder not severe impairment
SSD: Benefits for spine disorder properly denied as not severe impairment… ALJ/Cavan affirmed (memorandum). [Read more…]
Child abuse, Guidelines’ commentary
CHILD ABUSE: Guidelines’ commentary supports interpretation of ambiguous “aggravated assault” to include strangulation of a child… Morris affirmed (memorandum). [Read more…]
Firearm by felon, lack of individualized assessment
FIREARM BY FELON conviction affirmed over challenge to lack of individualized assessment of dangerousness… Watters affirmed (memorandum). [Read more…]
Firearm by felon, plea withdrawal denied
FIREARM BY FELON: Plea withdrawal properly denied… Christensen affirmed (memorandum). [Read more…]
Sex offender registration, plea agreement breach
SEX OFFENDER REGISTRATION: 13-month sentence affirmed over challenge to plea agreement breach… Watters affirmed (memorandum). [Read more…]
Drugs, fentanyl text messages from decedent
DRUGS: Fentanyl conviction affirmed over challenge to text messages from decedent… Morris affirmed (memorandum). [Read more…]
310 permit, pond along Flathead River
310 PERMIT to purportedly construct a berm to protect pole barn when water in pond along Flathead River rises properly denied… Eddy affirmed. [Read more…]
Landlord-tenant, $331,121.40 damages, $109,324.50 fees
LANDLORD-TENANT: $331,121.40 damages, $109,324.50 fees, for fraud, deceit, slander of title affirmed… Cuffe affirmed. [Read more…]
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