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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Revises Pro Hac Vice Admission Rules: Enhancing Access for Indian Child Welfare and Federal Attorneys

Montana Supreme Court Revises Pro Hac Vice Admission Rules: Enhancing Access for Indian Child Welfare and Federal Attorneys

Date: Nov 26, 2024
Montana Supreme Court Revises Pro Hac Vice Admission Rules: Enhancing Access for Indian Child Welfare and Federal Attorneys Introduction On July 17, 2024, the State Bar of Montana proposed amendments...
Scope of Easements in Property Development: Supreme Court of Montana Upholds Summary Judgment in Bardos v. Spoklie

Scope of Easements in Property Development: Supreme Court of Montana Upholds Summary Judgment in Bardos v. Spoklie

Date: Nov 24, 2024
Scope of Easements in Property Development: Supreme Court of Montana Upholds Summary Judgment in Bardos v. Spoklie Introduction In the case of Paul Phillip Bardos and Mary L. Bardos Revocable Trust...
Montana Supreme Court Establishes Standards for Public Defender Intervention in Guardianship Proceedings

Montana Supreme Court Establishes Standards for Public Defender Intervention in Guardianship Proceedings

Date: Nov 23, 2024
Montana Supreme Court Establishes Standards for Public Defender Intervention in Guardianship Proceedings Introduction The case of Office of the State Public Defender v. Hon. Dan Wilson addressed...
Ash v. Elliot: Recognizing Nonmonetary Contributions in Marital Asset Division

Ash v. Elliot: Recognizing Nonmonetary Contributions in Marital Asset Division

Date: Nov 23, 2024
Ash v. Elliot: Recognizing Nonmonetary Contributions in Marital Asset Division Introduction In the landmark case In re the Marriage of Ash and Elliot (2024 MT 273), the Supreme Court of Montana...
Parrot Ditch Co. v. Norman Ashcraft Jr.: Defining Service Areas and Procedural Requirements in Montana Water Rights Adjudication

Parrot Ditch Co. v. Norman Ashcraft Jr.: Defining Service Areas and Procedural Requirements in Montana Water Rights Adjudication

Date: Nov 23, 2024
Parrot Ditch Co. v. Norman Ashcraft Jr.: Defining Service Areas and Procedural Requirements in Montana Water Rights Adjudication Introduction The case of Parrot Ditch Company (PDC) v. Norman Ashcraft...
Limitations on Ineffective Assistance of Counsel Claims in Direct Appeal: Analysis of STATE OF MONTANA v. MATTHEW M. MAYS (2024 MT 275)

Limitations on Ineffective Assistance of Counsel Claims in Direct Appeal: Analysis of STATE OF MONTANA v. MATTHEW M. MAYS (2024 MT 275)

Date: Nov 23, 2024
Limitations on Ineffective Assistance of Counsel Claims in Direct Appeal: Analysis of STATE OF MONTANA v. MATTHEW M. MAYS (2024 MT 275) Introduction The case of State of Montana v. Matthew M. Mays...
Montana Supreme Court Establishes Robust Application of Terry Stop Doctrine in Stanley v. State

Montana Supreme Court Establishes Robust Application of Terry Stop Doctrine in Stanley v. State

Date: Nov 23, 2024
Montana Supreme Court Establishes Robust Application of Terry Stop Doctrine in Stanley v. State Introduction In State of Montana v. David Stanley (2024 MT 271), the Montana Supreme Court addressed...
Affirmation of Community Caretaker Doctrine and Standards for Probationary Searches in Montana Supreme Court's Decision in State of Montana v. Jay Le Cleveland

Affirmation of Community Caretaker Doctrine and Standards for Probationary Searches in Montana Supreme Court's Decision in State of Montana v. Jay Le Cleveland

Date: Sep 25, 2024
Affirmation of Community Caretaker Doctrine and Standards for Probationary Searches in Montana Supreme Court's Decision in State of Montana v. Jay Le Cleveland Introduction The Supreme Court of...
Montana Supreme Court Establishes Commercial Short-Term Rentals as Violation of Restrictive Covenants

Montana Supreme Court Establishes Commercial Short-Term Rentals as Violation of Restrictive Covenants

Date: Sep 18, 2024
Montana Supreme Court Establishes Commercial Short-Term Rentals as Violation of Restrictive Covenants Introduction In the landmark case of April Myers et al. v. Joseph Kleinhans and Amanda Kleinhans,...
Montana Supreme Court Reinforces Rigorous Standards for Preliminary Injunctions in Zoning Legislation

Montana Supreme Court Reinforces Rigorous Standards for Preliminary Injunctions in Zoning Legislation

Date: Sep 4, 2024
Montana Supreme Court Reinforces Rigorous Standards for Preliminary Injunctions in Zoning Legislation Introduction In the landmark case of Montanans Against Irresponsible Densification, LLC v. State...
Montana Supreme Court Upholds Minor's Right to Privacy in Abortion Decisions

Montana Supreme Court Upholds Minor's Right to Privacy in Abortion Decisions

Date: Aug 15, 2024
Montana Supreme Court Upholds Minor's Right to Privacy in Abortion Decisions Introduction In the landmark case of Planned Parenthood of Montana v. State of Montana (2024 MT 178), the Montana Supreme...
Montana Supreme Court Clarifies Statute of Limitations in Zoning Code Challenges

Montana Supreme Court Clarifies Statute of Limitations in Zoning Code Challenges

Date: Aug 7, 2024
Montana Supreme Court Clarifies Statute of Limitations in Zoning Code Challenges Introduction In the landmark case of Johnson et al. v. City of Bozeman, the Supreme Court of Montana addressed...
State v. Case: Upholding the Community Caretaker Doctrine for Warrantless Home Entry in Montana

State v. Case: Upholding the Community Caretaker Doctrine for Warrantless Home Entry in Montana

Date: Aug 7, 2024
State v. Case: Upholding the Community Caretaker Doctrine for Warrantless Home Entry in Montana Introduction In the landmark decision of State of Montana v. William Trevor Case, the Supreme Court of...
Montana Supreme Court Affirms No Express Contract Obligation for In-Person Education Amid COVID-19 Pandemic

Montana Supreme Court Affirms No Express Contract Obligation for In-Person Education Amid COVID-19 Pandemic

Date: Aug 7, 2024
Montana Supreme Court Affirms No Express Contract Obligation for In-Person Education Amid COVID-19 Pandemic Introduction In the case of Anthony Cordero v. Montana State University (417 Mont. 385),...
Montana Supreme Court Upholds Extraterritorial Search Warrants Under Secure Communications Act

Montana Supreme Court Upholds Extraterritorial Search Warrants Under Secure Communications Act

Date: Aug 7, 2024
Montana Supreme Court Upholds Extraterritorial Search Warrants Under Secure Communications Act Introduction In the landmark case of State of Montana v. Cole Larson Levine (417 Mont. 410), the Supreme...
Montana Supreme Court Affirms Attorney Fees Awarded Between Government Entities Under UDJA

Montana Supreme Court Affirms Attorney Fees Awarded Between Government Entities Under UDJA

Date: Jul 31, 2024
Montana Supreme Court Affirms Attorney Fees Awarded Between Government Entities Under UDJA Introduction In the case of TOWN OF KEVIN v. NORTH CENTRAL MONTANA REGIONAL WATER AUTHORITY (417 Mont. 325),...
Supreme Court of Montana Reinforces Judicial Autonomy: Prohibits Mayor from Unilaterally Terminating Court Clerk

Supreme Court of Montana Reinforces Judicial Autonomy: Prohibits Mayor from Unilaterally Terminating Court Clerk

Date: Jul 31, 2024
Supreme Court of Montana Reinforces Judicial Autonomy: Prohibits Mayor from Unilaterally Terminating Court Clerk Introduction In the landmark case of Kerry L. Burman, Glendive City Judge, Petitioner,...
Limits on Court-Imposed Sanctions: Montana Supreme Court Reverses Sanction Order Due to Constitutional Double Jeopardy Protections

Limits on Court-Imposed Sanctions: Montana Supreme Court Reverses Sanction Order Due to Constitutional Double Jeopardy Protections

Date: Jul 31, 2024
Limits on Court-Imposed Sanctions: Montana Supreme Court Reverses Sanction Order Due to Constitutional Double Jeopardy Protections Introduction The Supreme Court of Montana, in the case of Shandor S....
Montana Supreme Court Establishes Non-Recognition of Equitable Easements in Property Disputes

Montana Supreme Court Establishes Non-Recognition of Equitable Easements in Property Disputes

Date: Jul 31, 2024
Montana Supreme Court Establishes Non-Recognition of Equitable Easements in Property Disputes Introduction The Montana Supreme Court, in the case of Robert Frisk v. John N. Thomas and Lori A. Thomas...
Reaffirming Felony-Murder Liability and Juror Impartiality Standards: Analysis of State v. Rossbach

Reaffirming Felony-Murder Liability and Juror Impartiality Standards: Analysis of State v. Rossbach

Date: Jul 31, 2024
Reaffirming Felony-Murder Liability and Juror Impartiality Standards: Analysis of State of Montana v. Rossbach Introduction State of Montana v. Preston Csoo Rossbach is a landmark decision by the...
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