DUI: No error in refusing to strike panelist who doubted ability to remain neutral due to growing up in alcoholic family… Oldenburg affirmed (memorandum). [Read more…]
Joint counsel, husband/wife marijuana defendants
JOINT COUNSEL: Supervisory control of Berger to remove husband & wife medical marijuana Defendants’ joint counsel denied… order. [Read more…]
Water, disputed point of diversion
WATER: Location of disputed point of diversion properly resolved in favor of claimants… Russ McElyea affirmed. [Read more…]
Seizure, reaching in truck window to grab meth
SEIZURE: Officer had right to reach into truck window to grab bag of meth that dropped from visor during traffic stop… Langton affirmed. [Read more…]
Pain prescriptions, distribution, negligent homicide
PAIN PRESCRIPTIONS: Doctor properly convicted of criminal drug distribution as to 11 patients and criminal endangerment as to 9 patients, wrongly convicted of negligent homicide for overdose deaths of 2 patients… Langton affirmed, reversed. [Read more…]
DUI, officer’s chat with Defendant re tire deflation
DUI/DRUGS: Officer’s chat with Defendant on way to investigate allegation that he deflated ex-wife’s tires properly escalated into DUI investigation and subsequent DUI and pill charges… Langton affirmed (IOR I-3(c)). [Read more…]
Double jeopardy, meth possessed for own use
DOUBLE JEOPARDY not violated by prosecution for meth possessed by Defendant for own use vis-à-vis federal distribution conviction… Langton affirmed. [Read more…]
Witness statements, failure to produce
WITNESS STATEMENTS: Video interview of girlfriend who was struck by boyfriend’s van improperly withheld from Defense, improperly determined to be work product and exculpatory, remanded for determination of appropriate sanction… Haynes reversed. [Read more…]
Sentencing, poaching, lifetime bans
SENTENCING: Lifetime ban on hunting, fishing, trapping a penalty, not condition of suspended sentence, judgment allowing for early termination of “condition” conflicted with pronouncement… lifetime ban on accompaniment privileges not penalty, early termination of condition in judgment improperly modified pronouncement… Haynes affirmed, reversed. [Read more…]
Venue, check double-cashing
VENUE of paycheck double-cashing proper in Ravalli where employer maintained account from which funds were electronically extracted, over claim of Missoula where checks were physically cashed… Haynes affirmed. [Read more…]