FELONY MURDER: Waiver of right to be present at chambers conference improperly made by lawyer rather than Defendant, State failed to demonstrate error harmless… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Revocation, incarceration v. mental illness
REVOCATION: Plain error review of challenge to incarceration of revoked sex offender despite mental illness denied… lawyer’s actions resulting in incarceration more appropriate for postconviction… McKinnon affirmed. [Read more…]
Revocation/postconviction, PO “arrest,” jeopardy
REVOCATION/POSTCONVICTION: State waived §46-21-105(2) postconviction bar by raising 1st time on appeal… “arrest” in §46-23-1012(2) refers to PO arrest, not police arrest, State followed revocation procedures when it filed Report of Violation within 10 days of PO’s Warrant to Arrest & Hold… due process not denied by 21 days [Read more…]
Postconviction, lawyer suicide, hearing
POSTCONVICTION: “Unique circumstances” of counsel’s suicide require evidentiary hearing on petition… McKittrick reversed. [Read more…]
Plea withdrawal, criminal mischief, roof damage
PLEA WITHDRAWAL: Defendant’s acknowledgment that he apparently damaged barn roof insufficient for criminal mischief, should have been allowed to withdraw plea-bargained guilty plea… Langton reversed. [Read more…]
Product liability, “upstream” chair parts retailer
PRODUCT LIABILITY: “Upstream” retailer of chair components not entitled to bring indemnity claim against “downstream” MSP assembler of chair that collapsed… no right of contribution in product liability case… Harkin. [Read more…]
Procedure, FHA post-judgment interest rate
PROCEDURE: Post-judgment interest on $100,000 FHA judgment payable at federal rate of 3.33%, not Montana rate of 10% pursuant to State Court action to collect judgment… fees awarded in State Court judgment collection action not part of federal judgment, not required for satisfaction of federal judgment… motion for relief from judgment [Read more…]
Settlements
Plan I
Talia Frank, head/shoulder/neck/low back/psychological, 10/99, total, $151,527 new money, $10,000 MSA, stipulated judgment; Jay Dufrechou for Frank, Andrew Adamek for K Mart [Read more…]
Insurance, “unauthorized” insurer, COA/bond
INSURANCE: Petroleum release subrogation suits based on contracts while insurer was authorized subject to service on Commissioner, now suspended insurer not required to have COA or post bond to respond to suits, motions to set aside defaults improperly stricken… McCarter/Honzel reversed. [Read more…]
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]
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