Monday, July 23, 2012

MT Supreme Court/ Oil Drilling/ Beef Recall / HIV/AIDS



“Given our clear holding in Duncan, Briscoe’s sentence based in part on lack of remorse is illegal. The District Court did not affirmatively point to any evidence in the record to support its finding of lack of remorse. When a portion of a sentence is illegal, and can be corrected on remand, we will remand to the district court to correct the illegal provision. State v. Olivares-Coster, 2011 MT 196, ¶ 16, 361 Mont. 380, 259 P.3d 760. Accordingly, we reverse Briscoe’s sentence and remand to the District Court to correct this illegal provision.”


“The products subject to recall bears the establishment number "EST. 9400" inside the USDA mark of inspection. While the use-by date has passed and these products are no longer available for retail sale, FSIS and the company are concerned that some product may be frozen in consumers' freezers. These products were produced on May 25, 2012, and were shipped to distribution centers in Connecticut, Maine and New York for further distribution.”

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