Elder Justice Prosecutor Samples

Argues Court must reverse conclusion dismissing one appellant from lawsuit for lack of standing because: dismissed appellant is the decedent's heir-at-law; disinherited heir has standing to request removal of a personal representative

Argues Court must vacate judgment and remand to ascertain whether appellant was denied effective assistance of counsel or, in the alternative, to determine appellant's ability to pay fees, costs and surcharges because: appellant's counsel rendered ineffective assistance; written judgment failed to assess appellant's ability to pay fees, costs, and surcharges

Argues Court must affirm convictions and sentence because: appellant did not raise hearsay objection to admission of former testimony by witness unavailable at trial and thus waived right to do so on appeal; admission of former sworn testimony did not violate appellant's right to confront accuser because appellant was present when testimony was given and had opportunity to cross-examine accuser

Argues Court must: bar city's expert witnesses' testimony as to causation; reject city's spoliation argument; allow Ernie Evenhus' expert testimony as hybrid witness

Argues Court must reverse denial of motion to withdraw guilty plea and try case on its merits because: guilty plea was not entered voluntarily and unequivocally; municipal court failed to establish factual basis for guilty plea

Argues Court must reverse denial of petition to remove trustee, to award appellant's attorney fees and to reimburse payments for appellant's care because: trustee breached fiduciary duties; denial of accountings prior to 2012 was incorrect; trust does not require appellant live in Montana to receive trust distributions

Argues Court must affirm decision because: findings were not arbitrary or erroneous; appellant failed to provide medical evidence consistant with court's order

Argues Court must order trustee provide 2004-2011 accountings, substitute Western Montana Chapter for Prevention of Elder Abuse as trustee, award appellant's attorney fees, and reimburse funds for appellant's care because: trustee breached fiduciary duties; order for medical records and IME to prove need for care was incorrect; compelling appellant's return to Montana was incorrect

Argues Court must uphold summary judgment dismissal because: appellee breached duty; appellee attempted to coerce plea agreement; material fact issues exist; expert opinions conflict

Argues Court must grant summary judgment because: negligence claim is correct; there is no material fact issue

Argues Court must reverse judgment and remand because appellees failed to produce documents and information in response to discovery

Argues Court must reverse judgment and remand because appellant's motion to withdraw no contest plea was involuntarily entered

Argues Court must vacate conviction and remand because: unavailable witness's exculpatory statements can be considered by finder of fact; unavailable witness died and remains unavailable

Charges: theft; exploitation of older person or person with developmental disability; forgery. Affirms investigation continues. Lists witnesses (2013)

Charges: exploitation of older person; Charges: forgery. Requests Court's leave to file Information. Requests Court close and dismiss case based on affirmation. Court Order dismisses without prejudice (2013)

Argues Court must grant summary judgment because: undisputed facts indicate no deceitful act; no evidence suggests suit is brought for unlawful or nefarious purpose; defendants are not using underlying suit as coercion; claimed damages are unreasonable and speculative

Argues Court must not uphold decision allowing devisees to remove representative for exposing and investigating devisees' wrongdoing because: representative removal by the devisees rather than the estate conflicts with established case law; any distribution proposal where a representaitve may benefit as a representative or as a devisee constitutes conflict of interest; a representative is subject to removal for cause in any conflict of interest transaction submitted for court approval; use of non-judicial means to resolve a claim on behalf of an estate breaches a representative's fiduciary duty

Argues Court must reverse grant of summary judgment and remand because: summary judgment was improper; city failed to comply with state and municipal law; city disclosed requested records after suit was filed; public duty doctrine did not apply to appellant's claim; tactics did not require expert testimony

Argues Court must suppress statements elderly appellant made while in custody or, in the alternative, remand with direction to hold suppression hearing and new trial because appellant's counsel failed to challenge admissibility of those statements and caused elderly appellant risk and prejudice

Argues Court must establish city's liability under the law of inverse condemnation, strict liability and negligence because: property owners' damages claims are for municipality water main failures; water main failures seriously damage and impair plaintiffs' home's habitability

Argues Court must affirm district court's ruling because evidentiary hearing ensured restitution awards were substantiated

Argues Court must remand case for district court to modify its written judgment to reflect oral sentence deeming conviction a misdemeanor

Argues Court must affirm judgment because defendant received a two year deferred imposition of sentence for committing, and pleading nolo contendere to, felony elder abuse

Argues Court must deny summary judgment and try fact-intensive case because a full and complete record is required to address issues intrinsic to disputed material facts

Argues Court must try case in total because: evidence presents numerous interferences; evidence suggests appellees took financial advantage to maximize dollar recovery and failed to disclose these actions to appellant; there are issues of material fact as to appellant's claims against appellees; there are issues of material fact as to one appellee's counterclaim