SIWC of young stepdaughter conviction affirmed over challenges to hearsay by physician and therapist… ineffective assistance claims more amenable to postconviction… Harris affirmed (memorandum). [Read more…]
Negligence, wife texting marijuana user husband
NEGLIGENCE: Claim that wife was negligent in texting husband while he had 3 times the limit of marijuana and collided with a vehicle, killing one and injuring another, properly rejected on summary judgment… Recht affirmed. [Read more…]
Parenting, limitation on Lemurian School practice
PARENTING: Amended plan properly adopted over objections from wife to limitations on Lemurian Mystery School practice… Marks affirmed (memorandum). [Read more…]
Easement, complex rulings
EASEMENT: Complex rulings by Recht affirmed, reversed. [Read more…]
Vehicle repair, “bait & switch,” non-BMW brake pads
VEHICLE REPAIR: Claim of “bait & switch” for installing other than BMW brake pads properly rejected… Sullivan affirmed (memorandum). [Read more…]
Incest, hearsay in SANE report, jury deliberations view
INCEST: Conviction affirmed despite erroneous but harmless admission of daughter’s hearsay statements in SANE Report and allowing jury to view the report during deliberations… Kutzman. [Read more…]
Restitution, burglar’s 8th challenge
RESTITUTION: Burglar’s 8th challenge to 2010 $92,564.58 restitution award (reduced to zero due to lack of evidence at recent hearing) rejected… Kutzman affirmed (memorandum). [Read more…]
DUI, dash-cam video replayed during deliberations
YOUTH COURT exceeded authority in imposing new disposition at conclusion of transfer hearing… Seeley reversed. [Read more…]
Youth Court, new disposition after transfer hearing
DUI: Conviction remanded for a new trial because entire dash-cam video was replayed during jury deliberations… Lint reversed (memorandum). [Read more…]
Defense verdict, med-mal death, life-flight 8-year-old
VERDICT: Defense, med-mal death, life-flighting 8-year old injured in ATV accident to Kalispell rather than Great Falls. [Read more…]
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