DRUGS: Sufficient circumstantial evidenced of possession of meth to support bench-trial conviction… Berger affirmed (memorandum). [Read more…]
DUI, California statute sufficiently similar to Montana’s
DUI: California statute which does not specify where the offense occurs is sufficiently similar to Montana’s statute which specifies “upon the ways of this state open to the public” to support felony enhancement… McElyea affirmed. [Read more…]
Illegal aliens/attorney fees, LR 121
ILLEGAL ALIENS/ATTORNEY FEES: Immigrant association which includes Mexicans with permanent residence has standing to challenge LR 121 which requires denial of state-funded services to “illegal aliens”… LR 121 properly found preempted by federal law… $127,660.80 attorney fees improperly awarded under erroneous interpretation of Svee… Sherlock affirmed, reversed. [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
Robbery, pretrial punishment, “criminal purpose”
ROBBERY: Plain error review declined for claims of pretrial punishment by being held in solitary & restraints for 5 months prior to sentencing, allegedly sanctioned by Judge at transport hearing while Defendant was at MSH for fitness evaluation… “criminal purpose” of robbery not completed when shoplifted goods were abandoned outside store after being confronted, ripened into felony robbery when he injured or threatened to injure pursuers… Defendant required to testify to lay foundation for justifiable force… Deschamps affirmed. [Read more…]
Referendum, LR-126, bill title inaccuracy
REFERENDUM: Request to strike LR-126 because of improper reference to NVRA in ballot statement denied, but AG directed to revise statement… opinion & order. [Read more…]