MARITAL: Default judgment with property division as proposed by wife affirmed… Lint affirmed (memorandum). [Read more…]
DUI, statements after handcuffed prior to Miranda
DUI: Probable cause to believe Defendant who had driven off road was DUI when handcuffed and taken in for testing due to bad weather… statements after being handcuffed prior to Miranda did not warrant suppression… Lint affirmed. [Read more…]
Parenting, GAL amendments, adoption without hearing
PARENTING: GAL acted within scope of authority in proposing plan amendments following disagreements with initial stipulation, but Lint erred in adopting amendments without a hearing… Lint reversed (memorandum). [Read more…]
Receivership, Receiver protected by judicial immunity
RECEIVERSHIP: Special Master correctly concluded that a court-appointed receiver is protected by judicial immunity, Master acted within his authority in determining that it was unnecessary for Receiver to require release or indemnification agreement to return disputed personal property, but Master exceeded his authority in determining that Receiver acted in good faith and within scope of his authority in obtaining & retaining the property… Special Master Kevin Jones affirmed, reversed. [Read more…]
Preliminary injunction, dissipation of assets
PRELIMINARY INJUNCTION properly issued enjoining dissipation of marital assets to protect alleged child sexual abuse victim’s potential monetary recovery… Lint affirmed (IOR I-3(c)). [Read more…]
Marital, children/mother move to South Carolina
MARITAL: Mother’s proposed amendment to parenting plan to allow children to move with her to South Carolina properly adopted. . . Haynes affirmed (IOR I-3(c)). [Read more…]
DUI, weaving, turning into closed business
DUI: Sufficient particularized suspicion for stop of vehicle weaving in lane, exiting roadway to avoid further observation, turning into closed business late at night… Langton affirmed (IOR I-3(c)). [Read more…]
Water, below-dam rights, 1906 Decree
WATER: 1906 Decree properly construed to require electric dam operator to release natural inflow of creek during irrigation season, but to not require release of stored water to downstream appropriator to supplement natural flows… McElyea affirmed. [Read more…]
Water, call from senior Teton River holders
WATER: Prior Appropriation Doctrine properly applied to find that junior Teton River rights holder wrongfully ignored call for water from senior holders, enjoined from continuing out-of-order diversions after receiving calls… Bidegaray affirmed. [Read more…]
Ditch easement
DITCH EASEMENT claim properly denied… Langton affirmed. [Read more…]