TOP: Husband’s same-day motion to continue hearing properly denied… remanded for findings regarding conclusion that wife was a “victim” of the assaultive offenses and whether property restrictions for 5 years were essential for her protection… Coffman affirmed, remanded (memorandum). [Read more…]
Marital, ranch/inherited property, maintenance
MARITAL: Ranch and inherited property properly distributed so ranch could remain in husband’s family with wife receiving sufficient assets and maintenance to maintain standard of living consistent with husband’s… Moses affirmed. [Read more…]
$550,000 settlement, traffic stop shooting death
SETTLEMENT: $550,000, traffic stop shooting death of suspected robber or drug shooter, eve of trial settlement following denial of summary judgment on whether deadly force was justified. [Read more…]
Excessive force death, backseat passenger, unlit plate
EXCESSIVE FORCE DEATH: Shooting of suspected robbery or drug shooter in stop of vehicle for alleged unlit plate light in which suspect was backseat passenger survives summary judgment as to whether deadly force was constitutional and — until facts can be established — whether officer violated clearly established law… summary judgment for City and PD granted on §1983 claims… summary judgment granted and denied on state law claims… Molloy. [Read more…]
Marital, SS offset v. factor in property division
MARITAL: Majority rule adopted that SS not allowed as basis for an offsetting award but may be considered when dividing property… amount of maintenance improperly based on conclusion that wife’s expenses should be same as husband’s… termination of maintenance properly keyed to husband being no longer “gainfully employed”… Manley affirmed, reversed. [Read more…]
Drugs, dog sniff of vehicle, search warrant
DRUGS: Particularized suspicion for dog sniff of vehicle, sufficient probable cause for search warrant despite application’s mention of incident in which Defendant was stopped and a passenger was arrested for drugs but omitting that charges had been dismissed… marijuana conviction affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
Marital, “domiciled 90 days” jurisdictional defect
MARITAL: Any jurisdictional defect of wife not being domiciled in Montana for 90 days preceding her petition was cured when she established domicile for 90 days and filed a “supplemental pleading” alleging such (1st impression)… Lympus affirmed. [Read more…]