INITIATIVE: Constitution’s limit of local self-government powers also limits local initiative power… law precluding local initiative from regulating plastic containers not unconstitutional… McMahon reversed. [Read more…]
Supervisory control, DPHHS director appearance
SUPERVISORY CONTROL of Parker’s order that DPHHS Director travel to Great Falls to testify in fitness hearing denied for failure to comply with MRAP… Order. [Read more…]
Search warrant, 10-day limit, accessing seized devices
SEARCH WARRANT: Process of accessing devices already lawfully seized does not violate the 10-day limit on serving a warrant… suppression of evidence from devices reversed… Halligan reversed. [Read more…]
Prostitution promotion, pro se, video testimony
PROSTITUTION PROMOTION: Summary grant of Defendant’s motion to proceed pro se 4 days before trial was not plain error, but the alleged victim’s testimony from New Mexico via video violated Defendant’s confrontation rights… conviction reversed, remanded for retrial… Harris affirmed, reversed. [Read more…]
Assault on officer/DUI, 911 statement of intoxication
ASSAULT ON OFFICER/DUI: 911 caller’s statement that Defendant was “intoxicated” and “gonna be driving under the influence” improperly included in recording of call played to jury, but was harmless error as there was ample other evidence that Defendant was intoxicated during encounter with officer… judgment imposing “Audit Hearing” condition stricken as conflicting with oral pronouncement… Lint affirmed, reversed. [Read more…]
Settlements
Plan I
Chriss Hudson, right knee, 4/23, Albertsons, Helena, disputes as to wage loss, nature & extent of injuries, need for future treatment, $250,000 for all claims, settlement based in part on Petitioner’s representation that he has no desire to return to Albertsons, stipulated judgment; Chriss Hudson, pro se, Charlie Smith for Albertsons [Read more…]
Order of protection, termination denied w/o hearing
ORDER OF PROTECTION: Motion to terminate properly denied without a hearing… Gilbert affirmed (memorandum). [Read more…]
Rehearing of rehearing order denied
REHEARING to reinstate paragraph stricken on petition for rehearing denied… Order. [Read more…]
Marital, appeal of contempt mooted by clearing
MARITAL: Appeal of contempt order mooted by clearing of contempt… remanded to Breuner. [Read more…]
Unfair labor practices, no judicial review
UNFAIR LABOR PRACTICES: MBPA hearing examiner’s decision correctly held not eligible for judicial review under §§ 2-4-701 or 702(1)(a)… Ruiz affirmed. [Read more…]
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