Montana Law Week

The Weekly Digest of Montana Law

Plea agreement breached by Prosecutor’s lip service

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PLEA AGREEMENT: Prosecutor breached agreement by paying lip service to agreed sentencing recommendation… a judge does not have unilateral authority to restrict a defendant’s right to seek early termination of a sentence but a defendant may agree to waive or restrict that right… remanded for specific performance of the plea agreement before a different judge… Abbott reversed. [Read more…]

Assault on officer, no 512 days speedy trial violation

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ASSAULT ON OFFICER: Speedy trial right not violated by 511 days delay, most of which was caused by fitness evaluation… no error in instructing on resisting arrest when Defendant was not charged with resisting… first-aggressor instruction properly given on justifiable force… conviction affirmed… Allison affirmed. [Read more…]

Settlements

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Plan I

Nanette Barnard, right shoulder, cervical, 5/24, CNA, Benefis, Great Falls, Brentwood paid some benefits under reservation, denies overall liability for any cervical injury, disputes include liability for prior and ongoing treatment related to cervical and CT conditions, $45,000 new money for all claims, stipulated judgment; Leanora Overturf for Barnard, Geoffrey Keller for Benefis Health Systems [Read more…]