Judnich Law Office

New accusations that Missoula Detective Kosena has groped other officers

judnich — Wed, 22 May 2013 19:28:18 +0000

Missoula Police Department Detective Lt. Sandy Kosena had previously been accused of groping Missoula Police Department Officer Chris Shermer late last year. However, an additional former police officer Donald Strine has provided an affidavit for Shermer’s civil suit saying Detective Kosena had groped him by grabbing his butt several times as well as slapped it in the past as well. Shermer is seeking damages for “battery” from Kosena and the City of Missoula for these actions.

Jason Washington sentenced to prison in Montana marijuana conviction

judnich — Thu, 02 May 2013 15:54:59 +0000

Missoula based medical marijuana business owner Jason Washington was sentenced to two years of prison followed by years of probation in Federal court. Washington was convicted following a jury trial on Federal drug charges despite the state of Montana legalizing the activity for medical purposes. Federal prosecutors sought five years imprisonment, and Washington’s attorneys sought just a probationary sentence. Federal judge Christensen recognized that this sentence is likely to be appealed by the U.S. attorneys office as being too lenient as they will seek to have the sentence of imprisonment lengthened.

Montana DUI laws change to consider older offenses

judnich — Mon, 29 Apr 2013 20:26:45 +0000

Today Montana’s DUI sentencing laws changed in a significant way. The old law allowed judges to sentence repeat DUI offenders to a more harsh sentence if they had been convicted of a DUI within the past 5 years. Today the legislature changed that law to look back 10 years. Thus, offenders that have older DUI convictions may now be sentenced more harshly than before. If you have DUI questions, please contact us for a free consultation.

Justin Barber sentenced for killing two in Hillview crash in Missoula

judnich — Fri, 26 Apr 2013 16:33:23 +0000

Justin Barber will hopefully never have another drink of alcohol or abuse drugs. If he does so in the next 45 years, he will be going to prison. District Court Judge Ed McLean Sentenced Barber to a 45 year suspended sentence with five of those years to be served in the Montana Department of Corrections. Essentially Barber will be released to felony probation once he completes drug and crime courses within the D.O.C. Barber’s sentence is a result of a 92 mile per hour crash that occurred on a sharp turn on Missoula’s Hillview Way last year. The speed limit for this section of residential road was 25 miles per hour. Barber was under the influence of drugs and alcohol at the time, when his vehicle crashed, killing Jason McDonald (20) and Joshua Grueblee (18).

Suspect arrested in Boston Marathon bombings

judnich — Wed, 17 Apr 2013 18:33:49 +0000

Video surveillance has helped authorities identify an individual they believe to be responsible for the Boston Marathon bombings. Recent information has revealed that at least one of the bombs was inside a metal pressure cooker, which was then inside a backpack when it exploded. The individual arrested has not been identified at this moment, but likely will be soon.

Nathan Calvert murder trial delayed pending psychiatric evaluation

judnich — Wed, 17 Apr 2013 15:41:05 +0000

Alleged Dixon murderer, Nathan Calvert will not have his trial as originally scheduled. Calvert remains at the psychiatric hospital in Warm Springs pending evaluation of his mental competency to stand trail. Judge Kim Christopher ordered such evaluation, but it was not completed by April 16, so Calvert will continue his evaluation there. As a result of this, Calvert’s scheduled trial will have to be delayed. Such an evaluation will determine whether Calvert is mentally competent to stand trial under the eyes of the law. If Calvert is found competent, he will return to Thompson Falls to face deliberate homicide charges. If Calvert is not found to be mentally competent, he may spend several years of his life in a mental institution instead of face criminal charges.

Montana DUI – To blow or not to blow

judnich — Mon, 15 Apr 2013 14:38:44 +0000

In criminal defense law we are often asked if someone in Montana should provide a breath test if they are pulled over for a DUI. The answer, like most things, is that it depends. The law in Montana is that when you get your driver’s license, you have given the State of Montana your implied consent to provide a breath test upon suspicion of intoxicated driving. However, you also have the right to refuse such tests. The penalty for exercising your right to refuse was a suspension of your driver’s license, and has now escalated to an independent criminal offense. The penalty for not providing a breath test is much less disastrous as a DUI conviction however. A good rule of thumb is that if you believe you have consumed more than 1 alcoholic drink per hour, you are likely at or over the .08 breath alcohol threshold. When you are over that number, the chances that you will be convicted of a DUI by the State increase greatly. Without giving a breath test, it can be difficult for law enforcement to convince a jury what your level of intoxication, if any, was. So, more than one drink per hour and you should consider your option of exercising your right to refuse.

The above is not legal advise and is for informational purposes only.

Montana Senate votes to reject Pat Williams to Board of Regents

judnich — Fri, 05 Apr 2013 15:29:11 +0000

Yesterday, the Montana Senate rejected the nomination of Pat Williams to the State Board of Regents with a 26-23 vote. Williams came under scrutiny after an interview with the New York Times where he was quoted as calling some University of Montana athletes “thugs”. Williams has continued to assert that his quote has been taken out of context. Williams contends he was only talking about a hand-full of thugs, not an entire university or athletic department full of them. Despite his assertions, Williams was rejected in a vote that was along political party lines with all 26 votes against him from Republicans and two Republicans and all remaining Democratic votes for him.

Cody Marble awaits potential new trial from 2002 rape conviction trial

judnich — Tue, 12 Mar 2013 17:24:52 +0000

Missoula resident Cody Marble is awaiting the judge’s decision whether or not to grant him a new trial following his 2002 conviction for rape. The case surrounded allegations that when Marble was 17 he had raped a 13 year old boy while both were inmates at the Missoula County Jail. The Motion for a new trial stems from the victim writing a letter in 2010 stating that a rape did not occur.

Jordan Johnson reinstated to Griz Football team

judnich — Tue, 05 Mar 2013 20:14:38 +0000

Today Jordan Johnson’s appeal to the University of Montana Athletic Conduct Team was granted today. This means that Johnson is now reinstated to the University of Montana Grizzly Football team. Spring ball is just around the corner, so now #10 will be eligible to play for the team again. Questions remain unanswered as to what the result of the not guilty verdict for Johnson and reinstatement mean in regard to terminated athletic director Jim O’Day and coach Robin Pflugrad.