Archive | Abuse of discretion

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In re the Marriage of Wagenman

In re the Marriage of Wagenman, 2016 MT 176 (July 19, 2016) (Wheat, J.) (5-0, rev’d)

Issue: (1) Whether the district court erred in denying Tammy’s Rule 60(b) motion to amend the final decree of dissolution, and (2) whether the district court erred in awarding attorney’s fees to Matt.

Short Answer: (1) Yes, and (2) yes.

Reversed and remanded 

Facts: Matt and Tammy Wagenman married in 1996, and jointly petitioned for dissolution in 2012, each appearing pro se. They have no children, and used the self-help dissolution forms approved by the Court. In the “real property” section of the petition, they indicated they own their marital home in Shepherd. In another section of the petition, they stated the real property should be distributed as described in Exhibit A, which was attached to the petition.…

State v. Rickett

State v. Rickett, 2016 MT 168 (July 12, 2016) (Shea, J.) (5-0, aff’d)

Issue: Whether the district court abused its discretion by requiring Rickett to wear a leg brace during trial.

Short Answer: Yes, but it was not a structural error, and there was no reasonable possibility the defendant was prejudiced.

Affirmed

Facts: In July 2012 the state charged Rickett with aggravated kidnapping, burglary, intimidation, and escape based on its contention that he escaped a pre-release center, and kidnapped his former foster mother to gain access to the safe at a Bozeman restaurant where she worked as a bookkeeper.

The district court held a trial over three days in February 2014. Rickett appeared in person wearing street clothes with a leg brace on his right leg underneath his pants.…