Rule 60 Is Not a Second Appeal; Parenting-Plan Amendments Require Statutory Threshold Showings and a Proper Record Case: In re the Marriage of: Scobee and White, 2026 MT 222N (Mont. Sept. 15, 2026)...
Engellant v. Crowley Fleck (Mont. 2026): Validity of a Later Will as a “Negative Defense” Defeating Causation/Damages in Estate-Planning Malpractice 1. Introduction Case: Engellant v. Crowley Fleck,...
State v. Maas (Mont. 2026): Ongoing-Emergency Confrontation Rule for Post-Shooting Hospital Statements; Remoteness Limits on Juvenile Character Rebuttal 1. Introduction In State v. Maas, the Supreme...
“Good Cause” in Montana Protective-Order Hearings Requires Proof by a Preponderance of Substantial, Credible Evidence 1. Introduction In A. Nelson v. S. Frisk, 2026 MT 220, the Supreme Court of...
Removal by Participation: Dissolution Courts May Assume and Permanently Resolve Protection-Order Proceedings Under § 40-15-301(3), MCA Case: Marriage of Cordeiro (Mont. 2026 MT 219) Court: Supreme...
Fraud-Based Rescission for Misrepresented Lease Term & Waiver of Affirmative Defenses Not Raised at Bench Trial (Shepard v. Bickham, 2026 MT 221N) Nonprecedential status. The Court designated this...
Jury Determinations Required for Unjust Enrichment “Rent,” Pritchard Setoff, and Reasonable Rental Value on Remand (Taylor v. Taylor) Introduction Case: Taylor v. Taylor, 2026 MT 223N (Mont. Sept....
Previously “Merged” (Concurrent) Sentences Cannot Be “Unmerged” by Later Silence in a Subsequent Judgment 1. Introduction Gillian v. Salmonsen (Mont. Sept. 8, 2026) is a Montana Supreme Court habeas...
Therapist-Informed Visitation Limits May Still Satisfy “Reasonable Efforts,” and Ineffective Assistance Requires a Showing of Prejudice in Montana YINC Terminations Introduction Matter of H.T., S.T.,...
Recorded LLC Filings Alone Do Not Start the Limitations Clock When Fiduciary Concealment and Conflicting Tax Records Support Discovery-Rule Tolling Introduction In Hudson Revocable Trust v. Freedom...
Therapist-Driven Suspension of Parent-Child Visitation May Still Satisfy “Reasonable Efforts”; Ineffective-Assistance Claims Require a Showing of Prejudice in Montana TPR Appeals Introduction Matter...
Untimely Guilty-Plea Withdrawal in Montana Requires an Evidence-Supported Innocence Claim—Suppression and Non-Innocence IAC Theories Do Not Trigger the Miscarriage-of-Justice Exception 1....
Hoskin v. Wall: Rule 52(c) Bench-Trial Judgment on Partial Findings Requires Admissible Proof, Preserved Evidentiary Error, and Cohesive Appellate Briefing Nonprecedential posture. The Court...
Reaffirmation of Little/Johnston: Appellate Courts Must Review Contested Evidence In Camera Before Assessing Exculpatory Value in Post-Conviction Litigation Case: Mathis v. State, 2026 MT 211 (Mont....
Therapy-Based Visitation Pauses and Late-Stage Compliance Do Not Defeat Termination After Prolonged Out-of-Home Placement (Mont. YINC) Case: Matter of H.T., S.T., & D.L., YINCC, 2026 MT 213N (Mont....
Defendant’s Motion to Reset Trial “at the Court’s Earliest Convenience” Constitutes a Postponement that Defeats § 46-13-401(2) Six-Month Dismissal Introduction State v. J. Kelly (Mont. Sup. Ct. 2026...
Implied-Consent Blood Draws in Montana Require Record Evidence of Understanding and Voluntary Consent; Good-Faith Reliance Must Be Preserved Below Case: State v. Laroque, 2026 MT 209 (DA 25-0465)...
Due Process Timing for Challenging a Temporary Guardian’s Out-of-State Placement (Review Satisfied by a Full Contested Hearing Before Temporary Order Expiration) 1. Introduction Matter of K.D.G....
State v. J.A. Miller: Uniformed Officer Spectators Are Not Inherently Prejudicial; Unrequested Jury Polling Is Unpreserved; Graphic Photo Error May Be Harmless Under Cumulative Evidence 1....
Supervisory Control Compels Prompt Title 41 Dismissal After Remittitur; Title 41 Dismissal Does Not Modify Separate Title 40 Parenting Plan 1. Introduction R.F. v. 13th Judicial Dist. Court (Mont....