FALSE ARREST claims by non-Indian against BIA officers properly rejected based on qualified immunity, facially valid bench warrant… Haddon affirmed (unpublished). [Read more…]
Marital, husband’s disparaging remarks/conduct
MARITAL: Findings properly entered as to disparaging remarks and conduct of husband… mother’s parenting plan properly adopted… appeal sanctions denied… Todd affirmed (IOR I-3(c)). [Read more…]
Postconviction, IAC, jury demand
POSTCONVICTION: Claim of ineffective assistance by failing to demand jury for PFMA defendant properly denied… Fagg affirmed (IOR I-3(d)). [Read more…]
Marital, farm/ranch valuation/distribution
MARITAL: Farm/ranch valuation/distribution affirmed, reversed… Watters affirmed, reversed. [Read more…]
Arson, vehicle value/damage, ineffective assistance
ARSON/INEFFECTIVE ASSISTANCE: $1,000 threshold for property crimes not applicable to vehicles, arson properly charged in burning of $500 car… counsel not ineffective in not challenging [Read more…]
Negligence, $631,018 tractor/autos judgment
NEGLIGENCE: Pro se tractor driver’s challenges to $631,018 net MVA bench judgment rejected… elderly pro se ranch owner required evaluation of need for conservator, reversal also [Read more…]
Slander, negligent firefighting, discrimination
SLANDER, NEGLIGENT FIREFIGHTING, DISCRIMINATION, RIGHT TO KNOW claims in connection with burned house properly rejected… Todd affirmed. [Read more…]
Levying sale, pending PI cause
LEVYING SALE of pending PI cause not allowed under Montana law… Watters affirmed. [Read more…]
Contract, seized dogs, plea agreement, adoption
CONTRACT: Volunteer caretakers who were denied adoption of certain seized dogs not 3rd-party beneficiaries of plea agreement [Read more…]
Salvage storage/ineffective assistance
SALVAGE STORAGE/INEFFECTIVE ASSISTANCE: City junk ordinance not unconstitutionally vague as applied… counsel not ineffective for not challenging constitutionality or putting on case in chief in Municipal Court… sufficient evidence that items in yard had not moved for more than 5 days… Davies/Fagg affirmed. [Read more…]