PARENTING: Miner’s rotating work schedule properly found not in best interests of children… Knisely affirmed (memorandum). [Read more…]
Rape, no prejudice from wrong definition of “knowingly”
RAPE: Defendant was not prejudiced by wrong definition of “knowingly,” ineffective claim fails… Marks affirmed (memorandum). [Read more…]
Anders brief requirements not met
ANDERS BRIEF rejected for failure to meet requirements… Order. [Read more…]
Sex abuse of children, 100 years, 69 IQ Defendant
SEX ABUSE OF CHILDREN: 100 years at MSP, 65 suspended, no parole for 25 years for 69 IQ Defendant in on-line sting affirmed… Fehr affirmed. [Read more…]
Assault with weapon/PFMA, prosecutorial misconduct
ASSAULT WITH WEAPON/PFMA: Conviction affirmed over claims of prosecutorial misconduct… Cuffe affirmed (memorandum). [Read more…]
Revocation, failure to follow MIIG procedure
REVOCATION: Alleged failure to follow MIIG intervention procedure not preserved for appeal… Ruiz affirmed (memorandum). [Read more…]
Parental interest, surrogate child, premarital agreement
PARENTAL INTEREST: California Gestational Carrier Agreement between Billings surrogate and gay Chinese national did not preclude surrogate from later establishing a parental interest in the child under Montana law, PMA properly found valid and not unconscionable, but nonparent parental interest improperly adjudicated in favor of surrogate without finding conduct by the father ceding his rights to the surrogate… Harris affirmed, reversed. [Read more…]
Settlement agreement, violation as “criminal theft”
SETTLEMENT AGREEMENT violation claims by pro se improperly stated as criminal theft, properly dismissed under Rule 12(b)(6), not saved by recharacterization on appeal… Bidegaray affirmed (memorandum). [Read more…]
Incest, 100 years prison no parole for 30 years
INCEST: Plain error review of sentence of 100 years at MSP no parole for 30 years denied… Dayton affirmed (memorandum). [Read more…]
Rape, ineffective assistance, 5 attorneys, 2 trials
RAPE: Ineffective assistance not established against any of 5 attorneys in 2 trials… Ulbricht affirmed (memorandum). [Read more…]
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