SPEEDY TRIAL: Burglary Defendant with 688 days in fitness proceedings failed to preserve speedy trial for appeal at change of plea hearing by stating “I believe I had a speedy trial violation. I want to keep that on record.”… briefing on the issue properly denied… Larson affirmed. [Read more…]
Attempted kidnap/obstruction, grasping arm of teen
ATTEMPTED KIDNAP/OBSTRUCTION convictions for grasping arm of teen and fleeing bicycle officer affirmed… Halligan affirmed (memorandum). [Read more…]
Water, stock use senior to irrigation
WATER: Stock use right properly found senior to irrigation user… Stephen Brown affirmed. [Read more…]
Phone search, attempted rape, interstate jurisdiction
PHONE SEARCH: Court had jurisdiction to issue warrant to search New Jersey phone provider’s records of New Mexico resident accused of attempted rape in Montana under SCA and Montana law… Vannatta reversed. [Read more…]
Robbery, statements in police interview
ROBBERY: Statements in police interview correctly found to be voluntary, officers did not fail to honor any unequivocal requests to terminate interview… Townsend affirmed (memorandum). [Read more…]
Sentencing, 6-month DUI, 552 days to execution
SENTENCING: 6-month DUI sentence long expired during 552 days from notice of appeal remittitur to motion to execute stayed sentence, motion improperly granted… Townsend reversed. [Read more…]