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…]
Attorney withdrawal, acquiescence v. substitute
ATTORNEY WITHDRAWAL: Defendant’s acquiescence in attorney’s motion to withdraw properly construed as wanting to proceed pro se rather than asking for substitute, “seemingly substantial” inquiry not triggered.. Bidegaray affirmed (memorandum). [Read more…]
Incest, ongoing sex with adopted daughter
INCEST and other counts related to ongoing sex with adopted daughter affirmed… Todd affirmed. [Read more…]
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