DUI: Conviction remanded for a new trial because entire dash-cam video was replayed during jury deliberations… Lint reversed (memorandum). [Read more…]
SIWC, 2nd trial, expert, “vindictive” sentence
SIWC conviction following 2nd trial affirmed over claim of ineffective assistance for not objecting to expert’s testimony and claim of vindictive additional parole restriction… Lint affirmed. [Read more…]
Supervisory control, DPHHS director appearance
SUPERVISORY CONTROL of Parker’s order that DPHHS Director travel to Great Falls to testify in fitness hearing denied for failure to comply with MRAP… Order. [Read more…]
Food truck in county park, licensed truck, no permission
FOOD TRUCK IN COUNTY PARK: Prohibition against food truck in park without permission not unconstitutionally vague as applied to operator who had county license for truck… conviction affirmed… Cuffe affirmed (memorandum). [Read more…]
Attempted escape, judge disqualification
ATTEMPTED ESCAPE/JUDGE DISQUALIFICATION: Defendant properly charged with attempted escape when he fled courtroom during arraignment… Judge present at the incident not disqualified from presiding over subsequent jury trial… Harada affirmed. [Read more…]
Assault on officer, caretaker entry into suicidal home
ASSAULT ON OFFICER: Warrantless entry into suicidal person’s home justified by community caretaker doctrine, suppression of evidence properly denied… conviction for pointing pistol or what appeared to be a pistol at officer affirmed… Krueger affirmed. [Read more…]
Drugs, speeding stop wrongly expanded to drugs
DRUGS: Trooper lacked particularized suspicion to expand speeding stop into drug investigation, motion to suppress improperly denied, conviction of possession with intent to distribute reversed… Vannatta reversed. [Read more…]
SIWC, psychologist testimony via Zoom from Nantucket
SIWC: Psychologist erroneously allowed to testify via Zoom from Nantucket to bolster Prosecution witness… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Identity theft, Zoom credit card foundational witness
IDENTITY THEFT: State properly allowed to add credit card foundational witness first day of trial, any error in allowing testimony via Zoom was harmless… conviction affirmed… Menahan affirmed (memorandum). [Read more…]
Child molestation, mandatory 25 years no parole
SIWC: Iraq vet with PTSD not entitled to exception to mandatory 25 years parole restriction for molesting child… Brown affirmed (memorandum). [Read more…]
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