RELEASE FROM REGISTRY properly denied Defendant convicted of SIWC in 1982 because, although charged as statutory rapes, they involved force or violence… Bonilla affirmed. [Read more…]
Aggravated animal cruelty, mistreatment of horses
AGGRAVATED ANIMAL CRUELTY conviction for mistreatment of horses affirmed over challenge to introduction of prior cases… Seeley affirmed (memorandum). [Read more…]
Attorney discipline, suspension for stalking client
ATTORNEY DISCIPLINE: Anthony Platt suspended for 1 year for “aggressive courting” of client resulting in stalking charge and conviction of Official Misconduct… order. [Read more…]
Sexual assault, “bit player” detective impeachment
SEXUAL ASSAULT: Speedy trial claim properly denied based in part on docket congestion… new trial not warranted by post-trial disclosure that “bit player” detective was being investigated for making a false insurance claim… Kutzman affirmed (IOR I-3(c)). [Read more…]
Rape, cell phone records, victim’s ER statements
RAPE: Cell phone records, victim’s ER statements… conviction affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Order of protection, feuding cousins
ORDER OF PROTECTION properly granted for 2 years to one cousin against another following disputed who-threatened-whom first altercation. . . Olson affirmed (IOR I-3(c)). [Read more…]
Accomplice testimony
ACCOMPLICE TESTIMONY properly allowed to convict burglary Defendant under federal law even if proscribed under Montana law… Morris affirmed (unpublished). [Read more…]
Rape, ineffective assistance, plea negotiations
RAPE: Lawyer not ineffective in not requesting trial continuance after “late” production of evidence in effort to re-open plea negotiations… Sandefur affirmed (IOR I-3(c)). [Read more…]
Double jeopardy, Montana/New York child porn
DOUBLE JEOPARDY not implicated by Montana and New York child porn offenses… Christensen affirmed (unpublished). [Read more…]
PFMA, heterosexual v. homosexual discrimination
PFMA: Counsel not ineffective for not asserting claim that PFMA violates equal protection by subjecting heterosexuals to more severe penalties than homosexuals… Larson affirmed (IOR I-3(c)). [Read more…]