Montana Law Week

The Weekly Digest of Montana Law

Ranch buy-sell breached per jury, judicially rescinded

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BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, Gift Deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers, mortgage taken by buyers without payment to sellers must be released by buyers… $150,000 jury award vacated since Court imposed judicial recision… Gilbert. [Read more…]

Deliberate homicide, Alford plea, lesser-includeds

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DELIBERATE HOMICIDE: Why counsel wrongly advised that mitigated deliberate was not a lesser-included of deliberate is not clear, ineffective assistance claim more appropriate for postconviction… State’s offer of proof was sufficient to accept Alford plea to shooting friend in the head and hiding the body… Menahan affirmed. [Read more…]

Child assault/aggravated sex abuse (memorandum)

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CHILD ASSAULT/AGGRAVATED SEX ABUSE: Convictions affirmed over challenges to sufficiency of evidence as to serious injury, lesser-included offense, subpoena to call son to testify, preindictment delay… Defendant was incorrectly warned that if he asked his witnesses about the victim’s credibility the US could ask about his credibility even if he did not testify, but no prejudice shown as none of the witnesses would have testified about the victim’s character for untruthfulness… remanded for resentencing as to assault resulting in serious injury and obstruction of justice enhancement… Morris affirmed, reversed (memorandum). [Read more…]

Settlements

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Plan I

Coltyn Bradshaw, low back, 10/22, Weyerhaeuser, Kalispell, disputes as to wage loss, nature & extent of injury, need for future treatment, $58,000 for all claims, stipulated judgment; Steve Fletcher for Bradshaw, Charlie Smith for Weyerhaeuser [Read more…]