The Weekly Digest of Montana Law
By lilly
Plan I
Patrick Volkmar, lower extremity, 10/18, Great Falls Public Schools, MSGIA accepted liability, disputes as to future wage loss, $20,000 to settle indemnity & rehab, medical reserved, stipulated judgment; Thomas Murphy for Volkmar, Morgan Weber for MSGIA [Read more…]
By lilly
TRAFFIC STOP: No reasonable cause for stop of parked car on closed road at 11:30 p.m. or for prolonging stop “after not a hint of criminal activity” to allow for removing all persons from the car and conducting a “free air” K9 sniff… paraphernalia (THC pen) conviction reversed… Andrew Huff reversed. [Read more…]
By lilly
MARITAL: Apportionment of estate of insurance company executive and wife with interests in family beer & wine distributorship and child support affirmed and reversed… adoption of husband’s findings & conclusions not grounds for new trial… Menahan affirmed, reversed. [Read more…]
By lilly
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
By lilly
REVOCATION: Original 10 years for felony theft properly imposed based on determination that Defendant would not be responsive to additional incentives & interventions… Defendant entitled to credit for 335 days elapsed time… Abbott affirmed, reversed. [Read more…]
By lilly
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]
By lilly
Plan I
Lance Salois, multiple, 5/17, $90,000, Tom Murphy [Read more…]
By lilly
SEX ABUSE OF CHILDREN: Conviction of texting stepdaughter to engage in sexual exhibition in exchange for paying phone bill and 100-years sentence affirmed… Harada affirmed. [Read more…]
By lilly
RAPE: Evidence purporting to show that accuser was motivated to fabricate to avoid jail for violating conditional release properly excluded… Defendant properly limited in attempt to impeach accuser about leniency she allegedly received on pending DUI in another county… disqualification of entire county attorney office due to meritless claim that CA had confidential information from representing Defendant in 2011 properly denied… conviction affirmed… Christopher affirmed. [Read more…]
By lilly
YOUTH: Youth Court erroneously concluded that the consent decree guilt admission required by §41-5-1501(2) constitutes or requires a change of answer under §1502(8), thus effecting a delinquency adjudication… Parker reversed. [Read more…]