INSURANCE: Homeowners’ claims against insurer properly rejected on summary judgment for failure to cooperate with arson investigation… certification to Montana Supreme Court of enforcement of contractual duty to cooperate denied… DeSoto/Christensen affirmed (memorandum). [Read more…]
Discovery, Rule 35(b)(1) “like reports”
DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
Felon firearm, evidence suppression denied
FELON FIREARM: Evidence suppression properly denied… Christensen affirmed (memorandum). [Read more…]
Lacey Act, outfitter v. client permit
LACEY ACT: Outfitter who failed to obtain special-use permit violated Act by client’s taking of mountain lion notwithstanding that client had permits to hunt on FS land… Lovell affirmed (memorandum). [Read more…]
Attorney discipline, guardianship conduct, rehearing
ATTORNEY DISCIPLINE: Reconsideration of suspension of Tina Morin for guardianship misconduct denied… order. [Read more…]
Attorney discipline, guardianship misconduct
ATTORNEY DISCIPLINE: Tina Morin suspended for guardianship misconduct… order. [Read more…]
Plea withdrawal, accused child molester
PLEA WITHDRAWAL by accused child molester properly granted based on pervasive air of fear during trial stoked by accuser’s parents and culminating in Defense counsel’s suicide, but ineffective assistance as basis for withdrawal not supported… Spaulding affirmed. [Read more…]
Drugs, medical marijuana, federal prosecution
DRUGS: Motions to dismiss federal marijuana prosecution based on MMA denied… Christensen. [Read more…]
Transaction rule, uncharged conduct, rape/incest
TRANSACTION RULE: Uncharged misconduct properly admitted as “inextricably linked” to charges of sex with daughter over extended period in environment of religious control and violence by father, both as to acts of which daughter was [Read more…]
Game, unlawful possession, trespass, search warrant
GAME: Charge of unlawful possession of game animals properly not dismissed… seasonal rules exempted from MAPA publication… officers’ entry onto property to post notice of [Read more…]