Montana Law Week

The Weekly Digest of Montana Law

Traffic stop, officer trespassing in driveway

By

TRAFFIC STOP: Defendant pursued for speeding had reasonable expectation of privacy in driveway of his secluded residence once he told the officer that he was trespassing and needed to return with a warrant… failure to stop for minor traffic violation did not create a “hot pursuit” exigency… DUI was not suspected until after Defendant asserted privacy… DUI conviction reversed… Bailey/Recht reversed. [Read more…]

Attempted deliberate homicide, hidden knife/verbal threat

By

ATTEMPTED DELIBERATE HOMICIDE: Defendant with hidden knife and making verbal threat may have been prepared to kill but did not make an attempt to complete the crime, insufficient evidence to support conviction… assault on officer conviction affirmed but conditions of possible parole improperly imposed on unsuspended sentence… Hayworth reversed. [Read more…]

Insurance, townhouse developer, contractor’s policy

By

INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]