CONSTITUTIONAL INITIATIVE: CI-14 abortion initiative improperly rejected by AG as violative of separate vote prohibition… opinion & order. [Read more…]
DUI, sleeping driver sprawled on seat of truck
DUI: Jury properly instructed that Defendant found sleeping sprawled on seat of truck need not be conscious to be in actual physical control of vehicle… not prejudiced by absence of photos showing him sleeping… §61-8-731(3) mandatory $5,000 fine without regard to ability to pay is facially unconstitutional… Cuffe affirmed, reversed. [Read more…]
Rape/kidnap, facts underlying dismissed charges
RAPE/KIDNAP: Facts underlying dismissed charges properly considered in acceptance of Alford pleas and sentencing for kidnap of girlfriend… Seeley affirmed (memorandum). [Read more…]
Restitution, no LifeLock for missing SS cards
RESTITUTION: Defendant who stole credit cards properly found accountable for missing SS cards but improperly ordered to pay restitution for LifeLock for victims… Brown affirmed, reversed. [Read more…]
Restitution, scratches to vehicle in Uber dispute
RESTITUTION: $2,039.20 properly imposed for scratches to vehicle from removal of Uber sign in dispute over being cheated out of ride… Ohman affirmed. [Read more…]
Child molestation, mandatory 25 years no parole
SIWC: Iraq vet with PTSD not entitled to exception to mandatory 25 years parole restriction for molesting child… Brown affirmed (memorandum). [Read more…]
$20,000 verdict, kidnap of estranged wife
VERDICT: $20,000, kidnap of estranged wife, no liability by ranch corporation. [Read more…]
Settlements
Plan I
Gage Herrera, hands, 12/22, FedEx, south of Chinook, disputes as to wage loss, nature & extent of injuries, need for future treatment, $65,000 for all claims, stipulated judgment; Kiel Duckworth for Herrera, Charlie Smith for FedEx [Read more…]
Defamation, New York Post statements about Montanan
DEFAMATION: New York Post statements about Whitefish businessman are protected by New York’s fair report privilege as they fairly & accurately report court proceedings, not for a jury to decide… ex-police chief’s comparison to Weinstein and Epstein non-actionable opinion… Eddy reversed, affirmed. [Read more…]
$35 million default judgment, securities software
DEFAULT: $35 million default judgment properly entered against Defendant for failure to participate in securities trading software litigation… Fehr affirmed (memorandum). [Read more…]
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