ASSAULT ON MINOR: Expert testimony on “non-accidental trauma” properly allowed as to injuries suffered by 4-month-old… warrant to search phone was impermissible general warrant but evidence seized was harmless… counsel not ineffective for failing to object to internet searches for defense council and to Prosecutor’s closing statements… conviction affirmed… Seeley affirmed. [Read more…]
“Sex” legislation, birth certificates, driver’s licenses
“SEX” LEGISLATION: SB 458, ARM 37.8.211(5), and MVD policy properly preliminarily enjoined as they relate to amendment of birth certificates and driver’s licenses… Menahan affirmed. [Read more…]
Abortion clinics legislation preliminarily enjoined
ABORTION CLINICS legislation properly preliminarily enjoined… Abbott affirmed. [Read more…]
Drag Story Hour, preliminary injunction against HB 359
DRAG STORY HOUR: Preliminary injunction against HB 359 affirmed… Morris affirmed. [Read more…]
Obstruction, filming traffic stop
OBSTRUCTION: Bicyclist who stopped next to traffic stop to film and refused to move “a little bit away” properly convicted of obstruction… Allison affirmed. [Read more…]
Initiative, CI-132’s ballot statement
INITIATIVE: CI-132’s proposed ballot statement — “CI-132 amends the Montana Constitution to require that judicial elections remain nonpartisan” — accepted over AG’s revision… Opinion & Order. [Read more…]
Initiative, CI-131 ballot statement
INITIATIVE: AG improperly revised CI-131 proponent’s ballot statement… Opinion & Order. [Read more…]
Environment, clean & healthful = stable climate system
ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Gender dysphoria, SB 99 preliminary injunction
GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Abortion, HB 544, HB 862, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]