ATTORNEY DISCIPLINE: Censure/suspension for excessive fees… Proceeding in Public Censure.
Justice Morris delivered the censure of Joseph Engel: [Read more…]
Bar dues increase
BAR DUES increased $50… order.
State Bar Trustees petitioned to increase dues from $150 to $200 for active members and from $75 to $125 for inactive members, and to raise the fee [Read more…]
Rape, judicial notice of prior rape trial
RAPE: Judicial notice of officers’ testimony in prior rape trial acquittal properly refused as irrelevant… late-disclosed evidence that alleged victim was drinking a week earlier not exculpatory or of impeachment value… sufficient evidence for Judge to convict… Larson affirmed. [Read more…]
Aggravated assault, lesser-included, PFO notice
AGGRAVATED ASSAULT: No prejudice from instruction that attempted aggravated assault is lesser-included since jury never reached it… no error in not giving new PFO notice with amended informations… sufficient evidence of serious injury… Larson affirmed. [Read more…]
Kidnap/obstruction, venue, naked woman in van
KIDNAP/OBSTRUCTION: Change of venue based on publicity properly denied… lying about identity of naked woman in back of van sufficient for obstruction conviction… Christopher affirmed (IOR I-3(d)). [Read more…]
Double jeopardy, federal revocation, meth
DOUBLE JEOPARDY: Federal revocation for meth possession not a “punishment” that would invoke double jeopardy as to State meth prosecution… McLean affirmed. [Read more…]
Judicial disqualification, AG turned Chief Justice
JUDICIAL DISQUALIFICATION: Chief Justice not required to disqualify merely because name as AG appears on State’s answer brief, but will do so where he approved filing of appeal by State… opinion/order. [Read more…]
Trust, failure to invest in stocks, $14,611,000 loss
TRUST: Common fund applies to recovery for failure to invest in stocks over 30 years… pre-judgment interest to accrue on stipulated $14,611,000 loss at 10%… Neill. [Read more…]
Elections, disclosure/reporting requirements, CI-96
ELECTIONS: Montana’s disclosure/reporting requirements unconstitutionally vague/violative of free speech as applied to Church’s de minimis CI-96 marriage amendment activities… Higgins/Molloy reversed. [Read more…]
Ineffective assistance, contact of co-defendant
INEFFECTIVE ASSISTANCE: Unauthorized contact with co-defendant not per se ineffective assistance… no evidence that violation impaired ability to represent Defendant… no showing of prejudice under traditional Strickland claim… new lawyer properly denied when Defendant affirmed decision to continue with original lawyer… meth conviction affirmed… [Read more…]
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