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Specialization and Expertise
High level appellate advocacy is both art and science, requiring a set of skills distinct from more traditional areas of law. Clients looking to maximize the likelihood of success on appeal realize the importance of having an attorney who fully understands the difficulties and considerations unique to appeals. If you are a lawyer or litigant whose case is on appeal or heading there, please contact me to learn how I can be of help to you.
Because I bring the same approach to criminal law, you can be sure that you are getting an excellent defense in both felony and misdemeanor charges. From DUI and drug possession to assault and theft, criminal charges should always be taken seriously and obtaining professional advice is the first step. If you have been arrested or believe you are about to be arrested please contact me or another attorney as soon as possible.
Child Victims Cannot Consent to Search of Parents’ Property
State v. Ellis, 2009 MT 192
The Court addressed whether an exception for child victims exists to the rule that a youth cannot consent to a search of the shared property of she and her parents. In State v. Schwartz, SCOMONT established “a per se rule that a youth under the age of sixteen lacks [...]
Intrastate Travel a Fundamental Right
In re The Marriage of Plaisted-Harman – 2009 MT 169
Amber and Thomas were divorced in 2008 and agreed to a joint parenting plan under which Amber was the primary custodian of the children, and Thomas had visitation on alternate weekends, and during the summer and holidays. Both parents were living in Miles City, Montana at [...]
Challenge of Potential Juror Improperly Denied
State v. Herman – 2009 MT 101
“A potential juror who has formed a fixed opinion about the case before being empaneled is not impartial, and generally should not be seated even though he says he will try to set his opinion aside.” Herman, ¶ 26. Because a potential juror in this case participated in 5 or 6 [...]
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