ASSAULT WITH WEAPON/BURGLARY: Because predicate of assault with weapon merged into principal of burglary, assault with weapon must be vacated, remanded for resentencing for burglary… Spaulding reversed. [Read more…]
Justice Court speedy trial, Defendant in federal custody
JUSTICE COURT SPEEDY TRIAL: State failed to show good cause for trial delay of Defendant who was in federal custody, dismissal for failing to meet 6-month deadline improperly denied… Fagenstrom/Kutzman reversed. [Read more…]
Sentencing, probation no contact with husband
SENTENCING: Probation condition properly imposed precluding drugs Defendant from associating with other probationers or parolees including her husband… Larson affirmed (memorandum). [Read more…]
Jurisdictional amount, common fund anti-stacking
JURISDICTION: Insurer failed to establish $75,000 for federal jurisdiction over State Court common fund challenge to cross-policy anti-stacking endorsement… DeSoto’s rejection of anti-stacking challenge reversed, remanded to State Court (memorandum). [Read more…]
Settlements
Plan I
Michael Kuntz, deceased, widow Donelle alleges that his rectal cancer condition and associated death occurred as a result of employment with Great Falls, MMIA denied liability for Michael’s OD claim and Donelle’s death benefits claim, has never paid medical or indemnity for either, $675,000 for all claims ($225,000 for Michael’s OD claim, $450,000 for Donelle’s death benefits claim), stipulated judgment; Ben Snipes for Petitioner, Morgan Weber for MMIA [Read more…]
Attorney discipline, COP’s most egregious case
ATTORNEY DISCIPLINE: Meghan Doud disbarred, ordered to pay restitution or disgorge $1,366,133 in COP’s most egregious trust violation and misappropriation/commingling case… Opinion & Order. [Read more…]
Constructive discharge, trooper, $114,888 reversed
CONSTRUCTIVE DISCHARGE: Trooper’s WDEA claims barred because he failed to exhaust CBA grievance procedures, summary judgment for State improperly denied, $114,888 verdict reversed… Gilbert reversed. [Read more…]
PFMA, prior altercations provide context for behavior
PFMA: Prior altercations properly admitted to provide context for Defendant’s pattern and reasons for partner’s reactions… Eddy affirmed. [Read more…]
Deliberate homicide, group fistfight death
DELIBERATE HOMICIDE: Defendant accused of hatcheting to death a participant in what was supposed to be a group fistfight was not prejudiced by failure to give accomplice instruction… no prejudicial effect from Prosecutor’s opinions/vouching in light of entire evidence and cautionary instruction… prejudice not shown by panelists possibly seeing Defendant escorted by guards in restraints… conviction affirmed… Best affirmed (memorandum). [Read more…]
Settlements
Plan I
Guy Haney, shoulder(s), 1/20, PT, $100,000, medical closed, Russell Plath
Debra Dixon, shoulder(s), 1/23, disputed, $15,000, David Lighthall
Cordell VanValkenburgh, ankle, 7/23, disputed, $8,250, Greg Overturf [Read more…]
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