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  • Commentaries
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Montana Case Commentaries

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Date: Sep 10, 2025
Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value Introduction In Hebert...
Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Date: Sep 10, 2025
Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction Introduction In C. Hardy v. State,...
Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Date: Sep 4, 2025
Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test Case: Bartel v. Middlestead, 2025 MT 195 (Mont. Sept. 2, 2025) Court: Supreme Court...
“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

Date: Sep 4, 2025
“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...
Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Date: Sep 4, 2025
Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...
Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Date: Sep 4, 2025
Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....
Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Date: Sep 4, 2025
Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N) Introduction This...
Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Date: Sep 4, 2025
Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...
No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed (Benton v. State, Mont. 2025) – Nonprecedential

No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed (Benton v. State, Mont. 2025) – Nonprecedential

Date: Aug 31, 2025
No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed Benton v. State, 2025 MT 191N (Mont. Aug. 26, 2025) — Memorandum opinion,...
Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Date: Aug 31, 2025
Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act Introduction In Girasole v. Paws Up, the Supreme...
Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Date: Aug 31, 2025
Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190) Introduction In State v....
Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Date: Aug 31, 2025
Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice Case Comment: State v....
The Temple Clarification on Cross-Jurisdiction Brady Obligations

The Temple Clarification on Cross-Jurisdiction Brady Obligations

Date: Aug 25, 2025
The Temple Clarification on Cross-Jurisdiction Brady Obligations Introduction In G. Temple v. State, 2025 MT 185, the Supreme Court of Montana addressed whether a state prosecutor’s constitutional...
Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies

Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies

Date: Aug 25, 2025
Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies Introduction The Supreme Court of Montana, in In...
Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc.

Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc.

Date: Aug 25, 2025
Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc. I. Introduction The Supreme Court of...
State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing

State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing

Date: Aug 25, 2025
State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing 1. Introduction State v. L. Barrus (2025 MT 183) required the Supreme Court of...
State v. Walton ‑ Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical

State v. Walton ‑ Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical

Date: Aug 25, 2025
State v. Walton (2025 MT 186): Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical Introduction In State v. M. Walton the Supreme Court of Montana...
Safeguarding the Residential Status Quo:  Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Date: Aug 15, 2025
Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes 1. Introduction Byron v....
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Date: Aug 15, 2025
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders A Commentary on In re Parenting of D.C.S., 2025 MT 179 (DA 24-0547) 1....
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Date: Aug 15, 2025
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications 1. Introduction The Montana Supreme...
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