The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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State v. Jones

Citation: 2020 MT 7

Opinion Date: January 14, 2020

Judge: Laurie McKinnon

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's convictions of assault with a weapon and aggravated assault, holding that the district court did not err or abuse its discretion. Specifically, the Court held that the district court (1) did not violate Defendant's constitutional right to self-representation by refusing his request to represent himself at an omnibus hearing but otherwise allowing Defendant to represent himself for the duration of his case; and (2) correctly applied the law and did not abuse its discretion in denying Defendant a new trial after the court considered the victim's post-trial recantations and the evidence of Defendant's guilt produced at trial.

In re B.H.

Citation: 2020 MT 4

Opinion Date: January 14, 2020

Judge: Gustafson

Areas of Law: Civil Rights, Constitutional Law, Family Law

The Supreme Court reversed the judgment of the district court terminating Father's parental rights to his two children, holding that Father's due process rights were infringed by ineffective assistance of counsel, and because of counsel's ineffective assistance, Father was prejudiced and his parental rights were terminated. In arguing that he received ineffective assistance of counsel as it related to placement of the children and his stipulation to a treatment plan, Father pointed out that he was the non-offending, non-custodial parent and that there were no allegations of abuse or neglect ever brought in this case against him. Father asserted that but forms counsel's failure to correct legal misunderstandings, failure to object to an unnecessary treatment plan, and failure to request a placement hearing, his parental rights would not have been terminated. The Supreme Court agreed, holding (1) the Montana Department of Health and Human Services, Child and Family Services Division did not prove the existence of good cause to deny immediate placement with Father; and (2) Father's fundamental rights were prejudiced by ineffective assistance of counsel.