ELECTIONS: Supervisory control of McMahon denied as to allowing Green Party’s nominated/appointed US Senate candidate on general election ballot as suit by Democratic Party unlikely to succeed on the merits… Opinion & Order. [Read more…]
Felony murder, defense verdict, stabbing death
FELONY MURDER: Defense verdict, stabbing death. [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses 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…]
$550,000 settlement, jail suicide
SETTLEMENT: $550,000, jail suicide. [Read more…]
MVA verdict, disputed insurance implication
MVA VERDICT: Comment in closing that Plaintiff’s medical bills were not to compensate Plaintiff but “for other people and other providers so the burden of taking care of Cheryl doesn’t fall on someone else, doesn’t fall on the State” did not suggest that Defendant had insurance, not sufficiently prejudicial to warrant new trial following $165,000 verdict… Laird reversed. [Read more…]
Aggravated burglary/PFMA, inconsistent bodily injury
AGGRAVATED BURGLARY/PFMA: Jury properly found that former partner suffered bodily injury despite her conflicting/inconsistent testimony… restitution amounts warrant further consideration on remand… Rieger affirmed, reversed (memorandum). [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Resisting arrest, claimed excessive force, officer’s file
RESISTING ARREST: No abuse of discretion in denying in camera review of officer’s file for instances of excessive force where Defendant claims he was defending against unlawful assault… sufficient evidence that officer called in response to 911 stalking call was attempting to arrest Defendant and in any event there is never justification to use force simply because of being unaware of being arrested… Seel/Rienne McElyea affirmed. [Read more…]