CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
Traffic stop, officer trespassing in driveway
TRAFFIC STOP: Defendant pursued for speeding had reasonable expectation of privacy in driveway of his secluded residence once he told the officer that he was trespassing and needed to return with a warrant… failure to stop for minor traffic violation did not create a “hot pursuit” exigency… DUI was not suspected until after Defendant asserted privacy… DUI conviction reversed… Bailey/Recht reversed. [Read more…]
Sentencing, hearsay procedural/substantive reliability
SENTENCING: Standard of review of unsworn hearsay at sentencing clarified: the test is whether it is “procedurally” or “substantively” reliable, considered in the disjunctive… both tests met for co-defendants’ hearsay which supported obstruction enhancement of robbery conviction… Haddon affirmed. [Read more…]
Traffic stop, felon in possession
TRAFFIC STOP of felon in possession of firearm affirmed… Christensen affirmed (memorandum). [Read more…]
DUI, welfare check of possibly disabled vehicle
DUI: Welfare check of possibly disabled vehicle proper, properly ripened into DUI investigation… Townsend affirmed. [Read more…]
DUI, consent to blood test
DUI: Defendant gave express consent to blood test and never withdrew consent… failure to sign hospital’s consent form irrelevant… Langton affirmed. [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Nuisance/trespass, naturally growing tree
NUISANCE/TRESPASS: Naturally growing tree that obstructs view not nuisance under Montana law, but allegation that roots have entered on property states claim for trespass… McLean affirmed, reversed. [Read more…]