POSTCONVICTION petition by Defendant sentenced to 75 years in prison for going on ranch that he claims is still his due to void 1979 divorce decree and sheriff’s sale properly rejected. . . Defendant properly precluded from collaterally attacking decree and sale in criminal case. . . “optional” overlength section of brief challenging “short-shrift disposition” opinions not addressed. . . Langton affirmed (IOR I-3(c)). [Read more…]
Postconviction, sex offender revocation
POSTCONVICTION petition challenging revocation of sex offender’s suspended sentence and resentencing to balance of original 30-year MSP sentence properly summarily denied. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Theft of water services
THEFT OF WATER SERVICES: Motions to suppress properly denied for failure to meet filing deadline, no good cause for waiver. . . Defendant failed to show grounds to reverse conviction. . . Laird affirmed (IOR I-3(c)). [Read more…]
DUI, malfunctioning trailer light
DUI: Sufficient particularized suspicion for DUI investigation after stop for malfunctioning trailer light… IAC claim more amenable to postconviction… Townsend affirmed (IOR I-3(c)). [Read more…]
DUI, sitting at green light
DUI: Particularized suspicion to stop car that had been sitting at green light on crosswalk at 2:20 a.m…. Kolar/Fagg affirmed (IOR I-3(c)). [Read more…]
Sexual assault, sentence “misunderstanding”
SEXUAL ASSAULT sentence not based on misunderstanding facts of basketball coach’s sexual relationships… J. Brown affirmed (IOR I-3(c)). [Read more…]
Aggravated burglary, assault as lesser-included
AGGRAVATED BURGLARY: Pro-se’s imperfect instruction on assault as a lesser-included improperly denied… Boucher reversed. [Read more…]
DUI, Texas law for prior convictions
DUI: Texas DUIs sufficiently similar to Montana law to constitute prior convictions… Wheelis affirmed. [Read more…]
Sentencing, homicide Defendant, boot camp
SENTENCING: Deliberate homicide Defendant not eligible for boot camp despite not being sentenced to death under 1997 statute… Todd affirmed (IOR I-3(c)). [Read more…]
Drugs, stop of car with headlight out, search
DRUGS: Sufficient implied findings to support general conclusions denying suppression of drugs seized following stop of car with headlight out and search based on consent of passenger in parents’ car… Dayton affirmed. [Read more…]
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