Montana Law Week

The Weekly Digest of Montana Law

Child incest, alleged prior “false accusation,” rape shield

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CHILD INCEST: Child’s prior statements regarding alleged “false accusation” of sexual assault properly excluded under rape shield balancing… not clear whether “playing doctor” and “sleeping” with cousin when both were 5 were sexual… conviction of sexual abuse of granddaughter affirmed… Best affirmed. [Read more…]

Settlements

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Plan II

Scott McCoy, right shoulder, bruised right ribs, concussion, 1/21, yard leader at Builders First Source, Helena, right rotator cuff repair in 9/21 after which Dr. Stayner declared MMI and released to work with restrictions. Liberty accepted liability, paid wage & medical, disputes as to wage, impairment, voc-rehab, medical, $65,000 new money for all claims, stipulated judgment; Michael Doggett for McCoy, Michael Heringer for Liberty Mutual Ins. [Read more…]

Abortion services, 2021 restrictions preliminary enjoined

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ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]

Child incest, encouraging stepson to touch breasts

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CHILD INCEST: Defense’s request to interview children properly denied… fair trial of stepmother accused of encouraging stepson to touch her breasts not violated by State’s failure to lodge forensic interviews of children from a different case involving Defendant’s husband… plain error review of failure to give specific unanimity instruction in light of conviction on 1 count and acquittal on 1 count declined… conviction affirmed… Olson affirmed. [Read more…]