CUSTODY: Father’s right to parent violated by placing son with maternal grandmother and denying Father placement after completing treatment plan. . . Manley reversed. [Read more…]
DUI, “homeless” man sleeping in car, intent
DUI: “Homeless” man found sleeping in parked vehicle with engine running properly precluded from testifying that he did not intend to drive while under the influence… Bolstad/Pinski affirmed (IOR I-3(c)). [Read more…]
Drugs, plain-view marijuana plants
DRUGS: Deputies properly observed marijuana plants in plain view when they accompanied resident to rural residence for move-out assistance… Larson affirmed. [Read more…]
Drugs, marijuana grow compulsion
DRUGS: Claim that Defendant was compelled to grow marijuana to treat chronic pain undercut by avowed purpose of testing Montana law, lack of evidence of compulsion… McLean affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal
PLEA WITHDRAWAL: Defense recommendation not binding, Defendant has no right to withdraw plea to felony theft, confusion at plea change hearing not good cause as Defendant [Read more…]
Revocation, undisclosed other evidence
REVOCATION: Sufficient evidence for revocation without continuance to obtain other evidence… new issues in reply brief not considered… Langton affirmed. [Read more…]
Plea withdrawal, nolo, endangerment
PLEA WITHDRAWAL: Withdrawal of nolo plea to endangerment properly denied… Lympus affirmed. [Read more…]
Youth, $78,702 vandalism restitution
YOUTH who admitted to 2 days of vandalism spree properly ordered to pay restitution jointly & severally with other vandals for entire 11 days under criminal mischief statute, but [Read more…]