RESTITUTION: No jurisdiction to “clarify” final judgment to add $51,000 compound interest pursuant to DOC interpretation… Larson reversed (IOR I-3(c)). [Read more…]
DUI, State Lab blood tests discovery responsibility
DUI: Motion to exclude blood test properly denied where Defendant could have obtained it from Lab but insisted on Prosecution getting it for him… Defendant precluded from arguing that the State had not fulfilled its discovery obligation when Judge had ruled that it had… adding DUI per se less than 5 days before trial not prejudicial because jury did not reach subject of amendment… redacted version of investigation video provided to Defendant morning of trial properly admitted… conviction affirmed… Langton affirmed. [Read more…]
DUI, failure to provide Intoxylizer COBRA data
DUI: Due process not violated by failure to provide Intoxylizer COBRA data. . . motion to suppress test properly denied. . . Jenks/Larson affirmed. [Read more…]
DUI, failure to provide COBRA data access
DUI: Spoliation, due process claims for failure to make COBRA evidence accessible online rejected. . . Orzech/Larson affirmed (IOR I-3(c)). [Read more…]
DUI, blood draw warrant, Arizona/Montana DUIs
DUI: Warrant for blood draw properly issued based on telephonic affidavit observations of driving without need to analyze similarity of Arizona and Montana DUI statutes as also noted in affidavit… Townsend affirmed. [Read more…]
DUI, driver in snowbank behind tavern, caretaker
DUI: Officer had particularized suspicion of DUI by the time driver stuck in snowbank behind bar at night declined community caretaker help, subsequent pursuit/investigation lawful, suppression/dismissal properly denied… Townsend affirmed (IOR I-3(c)). [Read more…]
$923.30 verdict, low-speed rear-end MVA
VERDICT: $923.30, low-speed rear-end auto, admitted liability, cervical strain. [Read more…]
Restitution, duplicative of insurance
RESTITUTION: Thief properly ordered to pay restitution duplicative of amount paid by victim’s insurer… Christopher affirmed (IOR I-3(c)). [Read more…]
DUI, JP BAC test suppression appealability
DUI: BAC suppression properly appealable to District Court… 6-months speedy trial rule not violated… Defendant properly allowed blood test because of distrust of Intoxilyzer… Larson affirmed (IOR I-3(c)). [Read more…]
Summary judgment, unsworn documents, insurance
SUMMARY JUDGMENT for Plaintiff in insurance advance-pay dispute improperly based on unsworn documents… Deschamps reversed. [Read more…]