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  • Commentaries
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Montana Case Commentaries

Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Date: Apr 23, 2025
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations Introduction In Matter of L.S., Youth (2025 MT 77), the Supreme Court of Montana considered whether a...
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Date: Apr 23, 2025
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law Introduction In Choteau Acantha Publishing, Inc. and Montana Free Press v. Greg Gianforte and Jennifer Stutz (2025 MT 76),...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Date: Apr 16, 2025
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

Date: Apr 16, 2025
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

Date: Apr 9, 2025
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards Introduction In State of Montana v. Justin Dean Kalina, 2025 MT 70, the Montana Supreme...
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Date: Apr 9, 2025
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation Introduction In Shelton v. State of Montana, 2025 MT 71, the...
Nonprecedential Reaffirmation of Montana’s Best-Interest Standard, Rejection of the Tender Years Doctrine, and Enforceability of In-Court Stipulations in Parenting and Property Settlements

Nonprecedential Reaffirmation of Montana’s Best-Interest Standard, Rejection of the Tender Years Doctrine, and Enforceability of In-Court Stipulations in Parenting and Property Settlements

Date: Apr 3, 2025
Nonprecedential Reaffirmation of Montana’s Best-Interest Standard, Rejection of the Tender Years Doctrine, and Enforceability of In-Court Stipulations in Parenting and Property Settlements Case: In...
Cummings v. Kelly: Minor “Approximate” Fiscal Errors Do Not Invalidate Mill Levy Charter Amendments; Bond-Election Contest Statutes Inapplicable

Cummings v. Kelly: Minor “Approximate” Fiscal Errors Do Not Invalidate Mill Levy Charter Amendments; Bond-Election Contest Statutes Inapplicable

Date: Apr 3, 2025
Cummings v. Kelly: Minor “Approximate” Fiscal Errors Do Not Invalidate Mill Levy Charter Amendments; Bond-Election Contest Statutes Inapplicable Introduction In Cummings v. Kelly, 2025 MT 68, the...
Dulaney’s Clarification of Self‑Defense in Attempted Homicide: Admission of Purposeful Use of Force Is Not an Admission of Intent to Kill

Dulaney’s Clarification of Self‑Defense in Attempted Homicide: Admission of Purposeful Use of Force Is Not an Admission of Intent to Kill

Date: Apr 3, 2025
Dulaney’s Clarification of Self‑Defense in Attempted Homicide: Admission of Purposeful Use of Force Is Not an Admission of Intent to Kill Introduction In State v. M. Dulaney, 2025 MT 67, the Montana...
McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected

McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected

Date: Apr 2, 2025
McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected Introduction In McBroom v. Montana Board of...
State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void

State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void

Date: Apr 2, 2025
State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void Introduction In...
No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State

No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State

Date: Apr 2, 2025
No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State Introduction In Sullivan v. State, 2025 MT 65N, the Supreme Court...
Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments

Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments

Date: Apr 2, 2025
Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments Case: Musselshell Ditch Co. v. JD Bar D, LLC, 2025 MT...
No Statutory Authority, No Fee; Oral Sentencing Controls: State v. Nielsen (Mont. 2025, Noncitable)

No Statutory Authority, No Fee; Oral Sentencing Controls: State v. Nielsen (Mont. 2025, Noncitable)

Date: Mar 26, 2025
No Statutory Authority, No Fee; Oral Sentencing Controls: State v. Nielsen (Mont. 2025, Noncitable) Note on precedential value. This is a memorandum opinion decided under Section I, Paragraph 3(c) of...
Mandatory Post-Petition Elapsed-Time Credit and No “Credit-for-Suspension” Trade-Off: Commentary on State v. L. Charles, 2025 MT 58

Mandatory Post-Petition Elapsed-Time Credit and No “Credit-for-Suspension” Trade-Off: Commentary on State v. L. Charles, 2025 MT 58

Date: Mar 26, 2025
Mandatory Post-Petition Elapsed-Time Credit and No “Credit-for-Suspension” Trade-Off: Commentary on State v. L. Charles, 2025 MT 58 Introduction In State v. L. Charles, 2025 MT 58, the Montana...
Implied Consent Does Not Bar Warrant-Based Blood Draws for First-Time DUI Suspects: State v. Clinkenbeard (Mont. 2025)

Implied Consent Does Not Bar Warrant-Based Blood Draws for First-Time DUI Suspects: State v. Clinkenbeard (Mont. 2025)

Date: Mar 26, 2025
Implied Consent Does Not Bar Warrant-Based Blood Draws for First-Time DUI Suspects: State v. Clinkenbeard (Mont. 2025) Introduction In State v. Clinkenbeard, 2025 MT 54, the Supreme Court of Montana...
Montana Confirms Agency Power to Decide Preemption; EO 14042 Expressly Preempted § 49-2-312 for Federal Contractors

Montana Confirms Agency Power to Decide Preemption; EO 14042 Expressly Preempted § 49-2-312 for Federal Contractors

Date: Mar 26, 2025
Preemption as Statutory Interpretation: Montana Agencies May Decide Federal Preemption; EO 14042 Expressly Preempted § 49-2-312 for Federal Contractors Introduction In Qlarant Integrity Solutions,...
Good Cause Means Diligence: Montana Supreme Court Affirms Limits on Backdating UI Claims and New Evidence on Board Appeal (Lake v. Montana DLI)

Good Cause Means Diligence: Montana Supreme Court Affirms Limits on Backdating UI Claims and New Evidence on Board Appeal (Lake v. Montana DLI)

Date: Mar 26, 2025
Good Cause Means Diligence: Montana Supreme Court Affirms Limits on Backdating UI Claims and New Evidence on Board Appeal in Lake v. Montana Department of Labor & Industry Court: Supreme Court of...
No Per Se Reversal for Technical Jury-Selection Violations: State v. Hillious Clarifies Substantial Compliance, Strict Timeliness, and Treats TOP Petitions as Testimonial

No Per Se Reversal for Technical Jury-Selection Violations: State v. Hillious Clarifies Substantial Compliance, Strict Timeliness, and Treats TOP Petitions as Testimonial

Date: Mar 26, 2025
No Per Se Reversal for Technical Jury-Selection Violations: State v. Hillious Clarifies Substantial Compliance, Strict Timeliness, and Treats TOP Petitions as Testimonial Introduction In State v....
When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57)

When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57)

Date: Mar 26, 2025
When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57) Introduction...
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