DUI: 17 days late responding to motion to dismiss not sufficiently prejudicial to warrant Defendant’s motion well-taken. . . Defendant’s sketchy recollection as to whether he was advised of and waived right to counsel in prior DUI insufficient to rebut presumption of regularity. . . 4th DUI affirmed. . . Townsend affirmed (IOR I-3(c)). [Read more…]
DUI, restaurant employees’ 911 observations
DUI: Waitress’s 911 observations of drunk while simultaneously relaying co-worker’s observations sufficiently reliable basis for Trooper’s particularized suspicion… Andersen reversed, Townsend affirmed. [Read more…]
Deliberate homicide, garage burglar shooting
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force in defense of person in garage burglary shooting death, over Defendant’s claim that he raised only justifiable force in defense of occupied structure at trial… no abuse of discretion in refusing to move trial based on pretrial publicity… no abuse in refusing to remove panelist for cause based on marriage to a former policeman; no abuse in admitting Defendant’s assault of girlfriend… detective’s lay opinion as to blood spatter improperly admitted but harmless… conviction affirmed… McLean affirmed. [Read more…]
Overlength brief, deliberate homicide of student
OVERLENGTH BRIEF allowed in appeal of homicide of exchange student… order. [Read more…]
Political contributions, Citizens United test
POLITICAL CONTRIBUTIONS: Wrong standard applied for permanently enjoining enforcement of Montana’s restrictions on contributions, must be tested under more restrictive Citizens United test… Lovell reversed. [Read more…]