INEFFECTIVE ASSISTANCE: Rehearing petition with numerous claims and issues including trial counsel promising a “he said-she said” defense but not allowing SIWC Defendant to testify denied… Order. [Read more…]
Postconviction, SIWC Defendant, untimely, unmeritorious
POSTCONVICTION claims of SIWC Defendant properly rejected as untimely and also on the merits… Best affirmed (memorandum). [Read more…]
Drugs, conspiracy to distribute meth and fentanyl
DRUGS: Conspiracy to distribute meth and fentanyl affirmed… Christensen affirmed (memorandum). [Read more…]
Drugs, warrants for hotel room, Facebook records
DRUGS: Search warrant for hotel room supported by probable cause… State District Court warrant for California Facebook records authorized under Stored Communications Act… Christensen affirmed. [Read more…]
Preliminary injunction/agister’s lien, 2023 revisions
PRELIMINARY INJUNCTION/AGISTER’S LIEN: 2023 preliminary injunction revisions reconciled with Winter, applicant must make showing as to all 4 factors under 9th Circuit’s serious questions framework… District Court addressed only irreparable injury, remanded to make supplemental findings & conclusions as to all factors… preliminary injunction is available for agister’s liens… Rieger reversed. [Read more…]
Water, stock use senior to irrigation
WATER: Stock use right properly found senior to irrigation user… Stephen Brown affirmed. [Read more…]
Phone search, attempted rape, interstate jurisdiction
PHONE SEARCH: Court had jurisdiction to issue warrant to search New Jersey phone provider’s records of New Mexico resident accused of attempted rape in Montana under SCA and Montana law… Vannatta reversed. [Read more…]
Legislative delegation, commercial vehicles regulation
LEGISLATIVE DELEGATION: Statute authorizing MDT to adopt safety regulations for commercial vehicles not unlawful delegation, conviction for failure to have red light for overwidth load affirmed… Larson affirmed. [Read more…]
Double jeopardy, improvident declaration of mistrial
DOUBLE JEOPARDY: Habeas properly granted securities fraud Defendant because Cuffe abused discretion in declaring a mistrial, Defendant may not be retried… Christensen affirmed, Cuffe and Montana Supreme Court “reversed” (memorandum). [Read more…]
Offer of judgment, accepted after non-final SJ
OFFER OF JUDGMENT for $50,000 plus costs & fees which §1983 Plaintiff accepted prior to 14-day deadline but following non-final summary judgment for Defendant properly enforced under plain text of Rule 68… Molloy affirmed. [Read more…]