VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Malicious prosecution, negligent vehicular homicide
MALICIOUS PROSECUTION and other claims stemming from charges of negligent vehicular homicide and 5 counts of negligent vehicular assault arising from MVA with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, and 2 hung juries, and ultimate dismissal rejected on summary judgment… Gilbert. [Read more…]
Theft, caretaker claim of right to remove property
THEFT: Good faith claim of right for caretaker to remove property to leverage payment of purported contract debt properly submitted to jury, which had sufficient evidence to convict of theft. . . attorney legal opinion improperly allowed but harmless error. . . Oldenburg affirmed. [Read more…]
Sexual assault, nolo plea/sentence
SEXUAL ASSAULT: Nolo plea pursuant to agreement improperly accepted… Sandefur reversed. [Read more…]
Elder exploitation, same judge in guardianship
ELDER EXPLOITATION: Judge who presided in guardianship/conservatorship not required to recuse in criminal case… no prejudice from late disclosures or alleged juror misconduct… conviction affirmed… McLean affirmed. [Read more…]
Restitution, grain theft, failure to object
RESTITUTION challenge by grain thief waived by failure to object… Cybulski affirmed (IOR I-3(c)). [Read more…]
Entrapment, jury resolution v. JML
ENTRAPMENT defense properly deferred for jury resolution rather than JML in marijuana case… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Aggravated burglary, assault as lesser-included
AGGRAVATED BURGLARY: Pro-se’s imperfect instruction on assault as a lesser-included improperly denied… Boucher reversed. [Read more…]
$581,353 restitution, vandalized abortion clinic
RESTITUTION: $581,353 properly awarded for losses stemming from vandalizing abortion clinic… $61,124 improperly awarded for “lost” SS before anticipated retirement… Lympus affirmed, reversed (IOR I-3(c)). [Read more…]
Speedy trial, imprisonment in Minnesota
SPEEDY TRIAL: Most of 431 days attributable to Defendant whose imprisonment in Minnesota was due to his own actions… Cybulski affirmed. [Read more…]
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