SIWC: Rehearing of Opinion affirming conviction of sex with minor over claim of prosecutorial misconduct denied… Order. [Read more…]
Vehicular homicide, failure to call reconstructionist
VEHICULAR HOMICIDE: Habeas finding of ineffective assistance for not calling reconstructionist in 2008 hit & run death reversed, rejection of Brady claims affirmed… Christensen reversed, affirmed. [Read more…]
Insurance, Injury to Worker Exclusion, renewed policy
INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
Settlements
Plan I
Brenda Michelotti, 13 claims 5/10 to 5/23, some denied, some accepted, Great Falls Public Schools, dispute as to whether Petitioner will require lumbar/cervical surgeries and pain management along with associated indemnity, $67,500 for all claims, stipulated judgment; Megan Miller for Michelotti, Morgan Weber for MSGIA [Read more…]
Class certification, subdivision soil settlement
CLASS CERTIFICATION properly granted in soil settlement suit against subdivision developers… Souza affirmed. [Read more…]
Supervisory control, report of doctor suspension
SUPERVISORY CONTROL of Whalen denied in hospital’s challenge to TRO against reporting suspension of doctor’s clinical privileges… Order. [Read more…]
Drugs, speeding stop wrongly expanded to drugs
DRUGS: Trooper lacked particularized suspicion to expand speeding stop into drug investigation, motion to suppress improperly denied, conviction of possession with intent to distribute reversed… Vannatta reversed. [Read more…]
Burglary/assault accountability, “multiple conviction”
ACCOUNTABILITY: Sufficient evidence to convict of accountability for aggravated burglary but conviction of accountability for assault with weapon violated “multiple conviction” statute… Kutzman affirmed, reversed. [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]
Vaccination discrimination, HB 702 “single subject”
VACCINATION DISCRIMINATION: §49-2-312(1) prohibition against employers discriminating based on vaccination status or immunity passport does what the title of HB 702 declares it does, but §312(4) provision that one may not be required to receive vaccine under emergency use authorization or vaccine undergoing safety trials is unconstitutional as not expressed in the title… ruling on remand from Supreme Court to resolve “single-subject” issue… Rieger. [Read more…]
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