Montana Law Week

The Weekly Digest of Montana Law

DUI, officers’ opinions as to level of intoxication

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DUI: Officers did not violate Defendant’s privacy responding to a report of a truck hitting a vehicle in the parking lot and the driver staggering into his apartment… officers’ opinions improperly elicited as to level of intoxication to rebut claim that he became intoxicated after arriving at his apartment, but the error was harmless in light of other evidence… conviction affirmed… Overland/Eddy affirmed. [Read more…]

Vehicular homicide, plea agreement parole restriction

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VEHICULAR HOMICIDE: Claim that counsel was ineffective for not understanding that the plea agreement allowed the State to argue for a parole restriction more appropriate for postconviction review… witness testimony as to impact of Defendant’s conduct was designed to seek parole restriction, not undermine the plea agreement… Lint affirmed (memorandum). [Read more…]

Settlements

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Plan I

Randy McCarty, left knee, neck (C5-6), bilateral CT, left foot, right shoulder, 11/21, Les Schwab, Butte, disputes as to wage loss, nature & extent of injuries, need for future treatment, $150,000 for all claims, stipulated judgment; A.J. Miller for McCarty, Charlie Smith for Les Schwab Tire Centers [Read more…]