Imprecise “Change in Circumstances” Language Is Not Reversible Error When Title 41 Permanency Standards Are Substantively Applied Introduction Matter of M.L.O.-L., 2026 MT 18, arises from Montana...
Long-Term Incarceration as an Independent Ground to Terminate Parental Rights Under § 41-3-609(4)(c), MCA Introduction Matter of R.L.B., YINC, 2026 MT 22N (Mont. Feb. 10, 2026), arises from...
Matter of S.A. and J.P.: Parent Lacks Standing to Enforce Tribal Guardianship Preferences When ICWA Termination Findings Are Supported Beyond a Reasonable Doubt Court: Supreme Court of Montana Date:...
Discipline Exposure for Repeated Noncompliance and Unfounded Attacks on Judicial Integrity Under MRPC 1.1, 3.1, 3.4(c), 8.2, and 8.4 Introduction Matter: In the Matter of Davina Attar, An Attorney at...
Disciplinary Enforcement Against Serial Non‑Meritorious Litigation, False Evidence, and Prejudicial Trial Publicity (MRPC 3.1, 3.3, 3.4, 3.6, 4.1, 8.4) 1. Introduction Matter of John P. Meyer,...
State v. West: Preserving Appellate Review of Closing-Argument “Overlay” Videos and Waiver of Plain-Error Claims Raised Only in Reply Introduction State v. Grant Alan West (2026 MT 13) arose from an...
Property-Owner “Move Along” Requests Supply Particularized Suspicion for a Post–Welfare-Check Trespass Stop (and Permit Identity/Warrant Checks) Introduction In State v. R. Fish, the Montana Supreme...
Primary Custodial Parent Presumptively Receives Child Tax Dependency Deductions Absent Best-Interests Findings Justifying Allocation Introduction Case: Marriage of Turek, 2026 MT 11N (Mont. Jan. 27,...
Excusable Neglect and the Necessity/Reasonableness of Post-Decree Attorney-Fee Awards Under § 40-4-110, MCA Introduction In re the Marriage of Craythorn & Beitler-Williams, 2026 MT 10N, is a...
Implied Public Notice Duty from Public-Comment Rights in Subdivision Exemption Reviews Case: Sapphire Coalition v. Ravalli County (2026 MT 9) Court: Supreme Court of Montana Date: January 27, 2026 1....
MSPA Environmental Assessments Need Only “Available” Information; Counties Need Not Resolve Scientific Uncertainty and May Rely on the Record as a Whole Case: Thompson Chain of Lakes Stewardship...
Montana Supreme Court Requires District Courts to State Clear Grounds for Denying Objections to Family Court Services Parenting-Plan Recommendations 1. Introduction In IN RE THE PARENTING OF: H.L.C.,...
Post-Decree Enforcement Does Not Revive Appellate Review of a Final Dissolution Decree; Child Support Cannot Be Withheld as “Self-Help” Introduction In re the Marriage of White (2026 MT 6N) arises...
Montana Supreme Court Opens Public Comment on Proposed “Montana Uniform Limited Court of Record Rules of Appeal to District Court” Court: Supreme Court of Montana Date: January 14, 2026 Case No.: AF...
Montana SVORA: DOJ Must Obtain Judicial Determination and Courts May Not Use Unproven Charging Allegations to Impose Registration for Foreign Convictions Case: Wesley Thomas Cooper v. Montana...
PCR Evidentiary Hearings in Montana: Competent Proof Required to Litigate Competency/Mental-State and IAC Claims Introduction In S. Ellison v. State, 2026 MT 5N (DA 25-0172), the Montana Supreme...
Unserved Medical Malpractice Complaints Cannot Be Saved by Relation-Back; Unjust Enrichment/Rescission Claims Against Memory-Care Facilities Are Not “Medical Malpractice” 1. Introduction In Estate of...
Arraignment as a Substitution Deadline: Pre‑Arraignment Motions to Substitute Are Timely in Montana Criminal Cases 1. Introduction In S.L. v. MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY,...
Separate-Vote Rule Bars “Single-Target” Initiatives that Revoke and Regrant Broad Constitutional Powers Introduction In T.E.I. v. Knudsen (2026 MT 2), the Montana Supreme Court, exercising original...
Montana Attorney General Subject to Bar Discipline, but Criticism of Courts Requires Proof of Falsity; Rule 8.4(d) Requires Prejudice to an Identifiable Proceeding; Due-Process Defects Can Compel...