NEGLIGENT HOMICIDE/ENDANGERMENT convictions stemming from MVA affirmed… Davies affirmed. [Read more…]
Assault on minor, plea agreement undercut by Prosecutor
ASSAULT ON MINOR: Plea agreement for deferred sentence for severe spanking of child entered into with first Prosecutor undermined by second Prosecutor’s disparaging comments… suspended sentence reversed, remanded with opportunity to substitute Judge… Knisely reversed (memorandum). [Read more…]
DUI, disputed PSI improperly relied on for enhancement
DUI: Disputed PSI improperly relied on for felony enhancement… remanded for resentencing as misdemeanor… Harris reversed. [Read more…]
Vehicular homicide DUI, THC per se amount
VEHICULAR HOMICIDE DUI conviction for death of motorcyclist affirmed over substantive due process and equal protection challenges to THC per se amount… Todd affirmed. [Read more…]
PFO, federal bank robbery v. Montana robbery
PFO: 1994 federal bank robbery not reasonably equivalent to 2014 Montana robbery to qualify as predicate violent offense for PFO enhancement… remanded for resentencing… Moses reversed. [Read more…]
PFO, 2015 statute plain reading v. prior Opinions
PFO: 2015 statute correctly applied at 2017 sentencing, but Defendant sentenced simultaneously for 4th and 5th DUIs improperly designated PFO under plain reading of statute requiring felony conviction before commission of the principal offense, prior Opinions to the contrary overruled… Todd affirmed, “reversed.” [Read more…]
DUI, obviously intoxicated driver
DUI: Sufficient probable cause to arrest obviously intoxicated driver whom officers first encountered stumbling next to her horse for threat to public safety, field tests not required… Fagg affirmed (IOR I-3(c)). [Read more…]
DUI, balance tests “coercion,” ear condition
DUI: No evidence that will was overborne or capacity for self-determination critically impaired by “coercing” Defendant to take balance tests despite claimed ear condition, felony DUI affirmed… sentences for no insurance or registration exceeded statutory mandates… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]
Sentencing, consecutive v. concurrent
SENTENCING: Challenge of application of sentences as consecutive rather than concurrent properly treated as untimely postconviction petition… Todd affirmed (IOR I-3(d)). [Read more…]
Speedy trial, claimed memory loss from arrest
SPEEDY TRIAL claims by Defendant who claimed memory loss from DUI arrest trauma properly denied… 533 of 740 days attributed to Defendant… Todd affirmed. [Read more…]