Montana Law Week

The Weekly Digest of Montana Law

Theft, raid of ward’s inheritance

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THEFT: Instruction lacking statutory “purpose of depriving the owner of the property” was defective but instructions as a whole included the element and evidence was overwhelming that guardian raided ward’s inheritance for own benefit, plain error review denied, ineffective assistance claim rejected… Deschamps affirmed. [Read more…]

Judge disqualification, timeliness requirement

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JUDGE DISQUALIFICATION: De novo review adopted for denial of recusal request… timeliness requirement adopted for claim of disqualification that can be waived under CJC 2.12(c), claim of bias or prejudice cannot be waived and thus timeliness requirement not applicable to bias or prejudice, claim of knowledge of facts in controversy acquired from prior representation of client in separate but related matter subject to timeliness requirement… claim for disqualification of sentencing judge who represented SVORA Defendant’s daughter in abuse/neglect case in which Defendant was accused of incest subject to timeliness requirement, waived by counsel’s apparent tactical decision to not seek disqualification… Allison affirmed. [Read more…]

DUI, balance tests “coercion,” ear condition

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DUI: No evidence that will was overborne or capacity for self-determination critically impaired by “coercing” Defendant to take balance tests despite claimed ear condition, felony DUI affirmed… sentences for no insurance or registration exceeded statutory mandates… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]