CRIMINAL DEFAMATION: Montana statute unconstitutionally overbroad for lack of specific “actual malice” mens rea, contrary to Lynch’s implied reading… sua sponte summary judgment for disbarred attorney charged with criminal defamation of judicial election opponent… Molloy. [Read more…]
DUI, graveled area, Norquay instruction
DUI: No abuse of discretion in giving Norquay instruction after 3 hours of deliberation on whether graveled area was way of state. . . conviction affirmed. . . Souza affirmed. [Read more…]
Initiative, I-186 rulemaking delegation
INITIATIVE: Whether I-186 delegates rulemaking and therefore violates effective date requirement is outside AG’s legal-sufficiency review and Court’s pre-election review. [Read more…]
DUI, independent blood test
DUI: Highly intoxicated Defendant not denied independent blood test by Trooper taking her home 10 miles away from hospital when she could not arrange transportation. . . Gilbert affirmed. [Read more…]
Water, CS&K Compact, legislative approval
WATER: CS&K Water Compact codification and administrative provisions do not enact new sovereign immunities, did not require 2/3 vote of each legislative house… Manley affirmed, reversed. [Read more…]
PERS, 3 plans, equal protection, due process
PERS: Employees in 2 plans not denied equal protection/due process vis-à-vis 3rd plan… Reynolds affirmed. [Read more…]
Judicial elections, “false statements”
JUDICIAL ELECTIONS: Judicial candidate unlikely to succeed on merits of claim that professional/judicial conduct rules prohibiting false statements violate Free Speech and Equal Protection Clauses, preliminary injunction denied… Molloy. [Read more…]
Appeal procedure, marijuana ruling postponement
APPEAL PROCEDURE: Rehearing denied as to Opinion upholding most of 2011 Medical Marijuana Act including 3-person limit on patients, but effective date postponed to 8/31/16 to provide transition period, request to postpone to next Legislature denied… order. [Read more…]
Medical marijuana, 2011 Act rulings
MEDICAL MARIJUANA: Rulings on 2011 Act affirmed, reversed… Reynolds affirmed, reversed. [Read more…]
Redistricting, holdover senators amendment
REDISTRICTING: Challenges to assignment of 2 holdover senators properly rejected… Menahan affirmed. [Read more…]