FELON IN POSSESSION: Sentence enhancements for semiautomatic capable of large magazine and possessing 8 or more firearms by pawn shop employee affirmed… Morris affirmed. [Read more…]
$550,000 settlement, jail suicide
SETTLEMENT: $550,000, jail suicide. [Read more…]
MVA verdict, disputed insurance implication
MVA VERDICT: Comment in closing that Plaintiff’s medical bills were not to compensate Plaintiff but “for other people and other providers so the burden of taking care of Cheryl doesn’t fall on someone else, doesn’t fall on the State” did not suggest that Defendant had insurance, not sufficiently prejudicial to warrant new trial following $165,000 verdict… Laird reversed. [Read more…]
DUI, Prosecutor’s comments on Defendant’s credibility
DUI: Claim of improper prosecutorial comments on Defendant’s credibility and credibility instruction rejected… Holly Brown affirmed (memorandum). [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
New trial after $168,500 MVA verdict
NEW TRIAL granted following $168,500 MVA verdict due to Counsel suggesting that a judgment would be covered by insurance or the State rather than having to be paid by Defendant herself… Foreman’s affidavit disallowed… Laird. [Read more…]
Obstruction, refusal to exit vehicle, DUI acquittal
OBSTRUCTION: Refusal to exit vehicle stopped for turn violation so officer could determine possible impairment properly constituted obstruction (Defendant acquitted of DUI)… Lerman/Vannatta affirmed (memorandum). [Read more…]
Jury separation of 14 days, no mistrial
JURY SEPARATION of 14 days not prejudicial as to warrant mistrial… Watters affirmed (memorandum). [Read more…]
$168,500 verdict, rear-end MVA, whiplash
VERDICT: $168,500, rear-end MVA, admitted negligence, disputed contributory, whiplash. [Read more…]
Drugs, “welfare check” unlawfully prolonged
DRUGS/DUI: Lawful stop & detention for “welfare check” and DUI suspicion unlawfully prolonged with extensive interrogations to wrongful seizure of meth and pipes (.000 BAC on PBT)… convictions reversed… Rieger reversed. [Read more…]