Montana Law Week

The Weekly Digest of Montana Law

PFMA, “sharp practice” “set trap,” strangulation denial

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PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]

Settlements

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Plan I

Steven Staal, left leg, 1/19, FedEx, Bozeman, FedEx accepted liability, paid all benefits due & owing, Petitioner injured left ankle and neck in a motorcycle accident in 6/20, disputes as to whether it was a material aggravation of the job injury, wage loss, nature & extent of injury, need for future treatment, $155,000 for all claims, stipulated judgment; Stacy Tempel-St. John for Staal, Charlie Smith for FedEx [Read more…]

Revocation, “non-compliance” protection order violation

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REVOCATION: Defendant’s deferred misdemeanor sexual assault sentence properly revoked for “non-compliance” violation by driving within no-go zone of order of protection even though he was acquitted of violating the order… Pope not manifestly wrong or distinguishable… until Legislature remedies the confusing omission of misdemeanor revocation processes courts must derive their authority to revoke misdemeanor sentences from §46-18-203(7)(a)(iii) (2017)… Jenks/Vannatta affirmed. [Read more…]