DNA EVIDENCE: New tests that make previously useless DNA capable of identification amount to “newly discovered DNA evidence” under Innocence Protection Act, even though the underwear and semen are not, thereby rebutting the presumption of untimeliness 7 years after conviction of sexual assault of intoxicated teen… motion for DNA testing under new tests improperly denied… Haddon reversed. [Read more…]
Jurisdiction, out-of-state Defendants, hearing
JURISDICTION over out-of-state Defendants improperly decided without hearing on disputed fact issues as to alter ego/successor theories… supervisory control of Allison accepted… order. [Read more…]
Discrimination, same-sex couples
DISCRIMINATION: General challenge of denial of protections/benefits to same-sex couples that are available to different-sex married couples rejected as overly broad, but Plaintiffs allowed to amend to challenge specific statutes… Sherlock affirmed, reversed. [Read more…]
Elections, independent corporate expenditures
ELECTIONS: Constitutionality of 1912 initiative prohibiting independent corporate campaign expenditures upheld, [Read more…]
Elections, standing, independent ballot access
ELECTIONS: Summary judgment against standing to challenge Montana ballot access scheme for independent and minor-party [Read more…]
Custody, adopted children, same-sex partners
CUSTODY: Sole custody proper to non-adoptive same-sex partner after adoptive partner moved… right to travel, insufficient pleadings not preserved for appeal, no need to [Read more…]
Deliberate homicide, OPD co-defendants, Brady
DELIBERATE HOMICIDE: Conflict claims by OPD representing co-defendants to be analyzed case-by-case, no conflict in this case by attorneys from separate regions… extra-record [Read more…]
Protective order, interlocutory
PROTECTIVE ORDER by McLean interlocutory, not appealable… appeal fees denied… order. [Read more…]
Parental interest, same-sex, therapy notes/video
PARENTAL INTEREST: Judge had post-notice-of-appeal jurisdiction to enter TPO blocking access to children’s therapy notes/videos on motion of GAL since it is not directly related to same-sex custody/property [Read more…]