SEXUAL ASSAULT: 2017 definition of “consent” for both sexual assault and SIWC improperly given in instruction for incident involving accuser with physical disabilities in which pre-amendment “consent” had “ordinary meaning”… conviction reversed, remanded for new trial… Beal/Townsend reversed. [Read more…]
Vehicle stop, color discrepancy
VEHICLE STOP: Color discrepancy between car and registration too thin to constitute particularized suspicion for stop (first impression)… marijuana evidence properly suppressed by Municipal Judge, suppression improperly reversed by District Judge… Kolar affirmed, Knisely reversed. [Read more…]
Referendum, LR-130 ballot statement
REFERENDUM: Challenge to AG’s ballot statement for LR-130 rejected… order. [Read more…]
Initiative, I-185 tobacco tax ballot statement
INITIATIVE: I-185 tobacco tax ballot statement legally sufficient. . . opinion & order. [Read more…]
Initiative, I-186 rulemaking delegation
INITIATIVE: Whether I-186 delegates rulemaking and therefore violates effective date requirement is outside AG’s legal-sufficiency review and Court’s pre-election review. [Read more…]
Initiative, Locker Room Privacy, ballot statements
INITIATIVE: Locker Room Privacy Act ballot statements legally insufficient, returned to AG for revision… Special Concurrence offers alternative… order. [Read more…]
Postconviction, sheriff’s office shooter
POSTCONVICTION: 3rd petition by sheriff’s office shooter claiming new evidence properly denied… Oldenburg affirmed. [Read more…]
Lending breach, $52,037,593 verdict, TARP
LENDING BREACH: Montana law improperly applied over Michigan contract provision… under Michigan law constructive fraud, prospective economic advantage, and deceit would not have been permitted to go to jury as stand-alone tort, only remaining claims are contractual in nature, do not provide basis for punitives… improper evidence of failure to use TARP money for borrower irrelevant, prejudicial, could have influenced jury… $52,037,593 verdict for start-up international office products facility based in Butte that failed when accounts were swept reversed, remanded for new trial on contract claims… punitives cap vis-à-vis $10.5 million award not addressed… Krueger affirmed, reversed. [Read more…]
Abortion, parental notification, issue preclusion
ABORTION: 2011/13 laws requiring parental notification/consent for abortion by minor not identical to 1995 law ruled on in 1999, present challenge not barred by issue preclusion… Sherlock reversed. [Read more…]
Initiative, I-172 cable taxes, sufficiency
INITIATIVE: I-172 cable tax initiative deficiency challenge rejected… order. [Read more…]