DELIBERATE HOMICIDE: Federal habeas claims by 2005 killer properly rejected… Christensen affirmed (memorandum). [Read more…]
Theft of federal Indian funds
THEFT OF FEDERAL FUNDS: Conviction and restitution by Indian domestic/sexual violence chairwoman affirmed… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Derek Dyk, left shoulder 3/22, right ankle 7/21, bilateral hearing 1/22, City of Bozeman, MMIA denied liability for shoulder, accepted ankle and hearing, disputes as to liability for shoulder, future medical, indemnity for all claims, $115,000 for all claims, stipulated judgment; Christopher Helmer for Dyk, Morgan Weber for MMIA [Read more…]
Water bottling plant beneficial use permit, attorney fees
WATER BOTTLING PLANT: Beneficial use permit properly vacated and remanded due to deficiencies material to physical availability of water… attorney fees to Objectors who prevailed after 7 years improperly deemed denied… Seeley affirmed, reversed. [Read more…]
Environment, water bottling plant wastewater permit
ENVIRONMENT: Judge improperly substituted judgment for DEQ’s in vacating water bottling company’s wastewater permit… Eddy reversed. [Read more…]
Utilities, electricity pre-approval statute
UTILITIES: Challenge to electricity pre-approval statute fails for lack of standing… Marks reversed. [Read more…]
Traffic stop, lane violation wrongly expanded to drugs
TRAFFIC STOP purportedly for lane violation unlawfully stretched by inquisitive drug team Trooper into search and seizure of meth… suppression improperly denied, conviction reversed… Rieger reversed. [Read more…]
DUI, request to speak with attorney = breath/blood refusal
DUI: Request to speak with an attorney before agreeing to breath or blood sample properly considered a refusal to provide a sample, license reinstatement properly rejected… Grubich affirmed. [Read more…]
Failure to serve summons & complaint within 3 years
FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
Double jeopardy, improvident declaration of mistrial
DOUBLE JEOPARDY: Habeas properly granted securities fraud Defendant because Cuffe abused discretion in declaring a mistrial, Defendant may not be retried… Christensen affirmed, Cuffe and Montana Supreme Court “reversed” (memorandum). [Read more…]
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