PLEA AGREEMENT: DUI Defendant failed to preserve denial of his motion to dismiss for lack of speedy trial… Berger affirmed. [Read more…]
Sentencing, MSP sex treatment waitlist delay
SENTENCING: Incest Defendant’s request to transfer to residential sex treatment after 10 years of waiting for enrollment in MSP’s Phase II treatment properly denied… Kutzman affirmed. [Read more…]
DUI, stuck motor home, actual physical control
DUI: Conviction of Defendant found exiting stuck motor home affirmed… Berger affirmed (memorandum). [Read more…]
Preliminary injunction, DPHHS abuse & neglect,
PRELIMINARY INJUNCTION properly granted requiring DPHHS to disclose materials to a Legislator reviewing a child abuse & neglect case… McMahon affirmed. [Read more…]
Mental commitment, waiver of jury, suicidal ideations
MENTAL COMMITMENT: Person waived jury based on representations by attorney… commitment warranted by suicidal ideations… Snipes-Ruiz affirmed (memorandum). [Read more…]
Restitution, lost wages caring for assaulted wife
RESTITUTION: $35,000 properly awarded to husband for claimed lost wages caring for wife who was injured in an assault, in addition to $9,450.50 to deceased victim’s Estate… Harada affirmed (memorandum). [Read more…]
Oil & gas leases, sage-grouse habitat
OIL & GAS LEASES: Judgments as to BLM policies governing lease sales on protected sage-grouse habitat affirmed and reversed… Morris affirmed, Patricco reversed, affirmed. [Read more…]
Settlements
Plan I
Sjanet D’Hooge, lumbar spine, catching a patient while working as an x-ray technician, Flathead Co., Logan Health accepted claim, commenced indemnity & medical, MMI attained, FCE evaluations performed, impairment assessed, disputes as to relationship of current complaints to job injury and any wage loss, $56,368.80 new money for all claims, stipulated judgment; Sjanet D’Hooge, pro se, Geoffrey Keller for Logan Health [Read more…]
Political discrimination/retaliation, fired Deputy
POLITICAL DISCRIMINATION/RETALIATION claims by fired deputy who withheld Brady drug tests, ran in sheriff election, made disparaging social media remarks about new sheriff rejected… OAH HO Jeffrey Doud. [Read more…]
Statute of limitations, MVA passenger fibromyalgia
STATUTE OF LIMITATIONS properly held to bar passenger’s claims against former husband/driver of accident vehicle over assertion that fibromyalgia was self-concealing or driver was estopped from defending based on Montana statute because he had agreed to North Dakota’s 6-year statute… Knisely affirmed (memorandum). [Read more…]
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