AGE DISCRIMINATION: Finding of no discrimination against RIFed State Library employee affirmed… Holien affirmed… HRC. [Read more…]
State pay plan, HO’s perceived remand directive
STATE PAY PLAN: Due process rights of attorneys challenging pay disparities violated by HO’s apparent perception of directive by BOPA in remand order, properly remanded for another hearing… Reynolds affirmed (IOR I-3(c)). [Read more…]
Vexatious litigant, guardianship/conservatorship
VEXATIOUS LITIGANT: Claims stemming from guardianship/conservatorship disputes properly rejected, Plaintiff properly declared vexatious litigant… Johnston/Morris affirmed (memorandum). [Read more…]
Restitution, meth decontamination, no causal connection
RESTITUTION: $31,902 restitution for meth decontamination improperly imposed on Defendant who merely possessed meth residue and a pipe… Reynolds reversed. [Read more…]
PFO, federal bank robbery v. Montana robbery
PFO: 1994 federal bank robbery not reasonably equivalent to 2014 Montana robbery to qualify as predicate violent offense for PFO enhancement… remanded for resentencing… Moses reversed. [Read more…]
Med-mal, inmate failure to timely file expert disclosure
MEDICAL MALPRACTICE claim by MSP inmate properly dismissed for failure to timely file expert disclosure on summary judgment without a hearing… Dayton affirmed (IOR I-3(c)). [Read more…]
Restitution, burglary, joint & several
RESTITUTION: Defendant convicted of burglary of guest house wrongly ordered to pay for all losses resulting from burglaries of main house and garage/barn by associates jointly & severally… Christopher reversed. [Read more…]
Intimidation, “wrongful” 1995 conviction, 2016 threats
INTIMIDATION: Materials offered in support of claim of wrongful conviction of sexual assault in 1995 properly excluded as irrelevant to charge of intimidation via 2016 letter to Marshals Service threatening mass murder if it failed to intervene… PFO enhancement improperly imposed based on concurrent failure to register prosecution… Ulbricht affirmed, reversed (IOR I-3(c)). [Read more…]
DUI, Alaska DUIs for felony enhancement
DUI: Alaska statute sufficiently similar to Montana’s for felony enhancement… Newman affirmed. [Read more…]
Sexual assault, age of consent for sexual contact
SEXUAL ASSAULT: SIWC consent age of 16 improperly applied to sexual assault in trial involving 14-year-old, counsel ineffective for not offering instruction with consent age of 14 for sexual contact… conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]