DUI: Due process not violated by failure to provide Intoxylizer COBRA data. . . motion to suppress test properly denied. . . Jenks/Larson affirmed. [Read more…]
DUI, failure to provide COBRA data access
DUI: Spoliation, due process claims for failure to make COBRA evidence accessible online rejected. . . Orzech/Larson affirmed (IOR I-3(c)). [Read more…]
DUI, blood draw warrant, Arizona/Montana DUIs
DUI: Warrant for blood draw properly issued based on telephonic affidavit observations of driving without need to analyze similarity of Arizona and Montana DUI statutes as also noted in affidavit… Townsend affirmed. [Read more…]
DUI, driver in snowbank behind tavern, caretaker
DUI: Officer had particularized suspicion of DUI by the time driver stuck in snowbank behind bar at night declined community caretaker help, subsequent pursuit/investigation lawful, suppression/dismissal properly denied… Townsend affirmed (IOR I-3(c)). [Read more…]
$923.30 verdict, low-speed rear-end MVA
VERDICT: $923.30, low-speed rear-end auto, admitted liability, cervical strain. [Read more…]
Restitution, duplicative of insurance
RESTITUTION: Thief properly ordered to pay restitution duplicative of amount paid by victim’s insurer… Christopher affirmed (IOR I-3(c)). [Read more…]
DUI, JP BAC test suppression appealability
DUI: BAC suppression properly appealable to District Court… 6-months speedy trial rule not violated… Defendant properly allowed blood test because of distrust of Intoxilyzer… Larson affirmed (IOR I-3(c)). [Read more…]
Summary judgment, unsworn documents, insurance
SUMMARY JUDGMENT for Plaintiff in insurance advance-pay dispute improperly based on unsworn documents… Deschamps reversed. [Read more…]
Product liability, ATV, expert, hung jury, JML
PRODUCT LIABILITY: Opinion that improper assembly of steering components of crashed Honda ATV caused “difficult and unpredictable” steering stricken for failure to satisfy Rule 702 reliability/relevance, leaving insufficient evidence to [Read more…]
Hung jury, ATV crash, product liability
HUNG JURY: Alleged ATV axle assembly defect resulting in loss of steering control and crash over cliff, cervical fractures/traumatic brain/wrist/ACL. [Read more…]