DELIBERATE HOMICIDE: Plain error review declined as to failure in bench trial to sua sponte give lesser-included instruction for mitigated deliberate homicide… Moses affirmed. [Read more…]
Child sex abuse sting, mandatory enhancement
CHILD SEX ABUSE: Mandatory 25-year parole restriction enhancement to 100 years at MSP not authorized for attempting to contact fictional 12-year-old in sting…. Harada reversed. [Read more…]
Parental interest, surrogate child, premarital agreement
PARENTAL INTEREST: California Gestational Carrier Agreement between Billings surrogate and gay Chinese national did not preclude surrogate from later establishing a parental interest in the child under Montana law, PMA properly found valid and not unconscionable, but nonparent parental interest improperly adjudicated in favor of surrogate without finding conduct by the father ceding his rights to the surrogate… Harris affirmed, reversed. [Read more…]
Idiopathic fall, no memory by Petitioner
Summary judgment for insurer precluded by fact issue as to whether Petitioner with no memory suffered idiopathic fall onto level surface… Sandler. [Read more…]