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  • Commentaries
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Montana Case Commentaries

Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity

Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity

Date: Oct 12, 2022
Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity Introduction The Supreme Court of Montana, in the case of State of...
In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division

In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division

Date: Sep 21, 2022
In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division Introduction In the case of In Re The Marriage of Chelsey E. George and Michael E. Frank,...
Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses

Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses

Date: Jun 30, 2022
Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses Introduction The case of Board of Regents of Higher Education of the State of...
Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops

Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops

Date: May 25, 2022
Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops Introduction In the case of State of Montana v. Michael Allen Zeimer (2022 MT 96), the Montana Supreme...
Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines

Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines

Date: Apr 13, 2022
Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines Introduction The case of State of Montana v. William Dean Grussing (408 Mont. 245)...
Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights

Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights

Date: Mar 9, 2022
Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights Introduction In the landmark decision of Advocates for School Trust Lands v. The State of...
Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis

Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis

Date: Mar 9, 2022
Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis Introduction In the landmark case of Advocates for School Trust Lands v. State of Montana, the...
Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District

Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District

Date: Jan 26, 2022
Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District Introduction In the landmark case of Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation District (2022 MT...
Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples

Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples

Date: Jan 12, 2022
Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples Introduction In the landmark case of State of Montana v. Arthur Ray Peoples (407 Mont....
Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide

Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide

Date: Dec 29, 2021
Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide Introduction The case of State of Montana v. Banner Lee Boyd (407 Mont. 1) represents a significant decision by...
Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH

Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH

Date: Dec 29, 2021
Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH Introduction In the pivotal case of State of Montana v. Quincy Smith, decided on...
Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows

Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows

Date: Aug 18, 2021
Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows Introduction The case of JRN Holdings, LLC v. Dearborn...
Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court

Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court

Date: Aug 11, 2021
Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court Case: Aaron Michael Grafft, Petitioner, v. Montana Fourth Judicial District Court, State of...
De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin

De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin

Date: Jul 28, 2021
De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin Introduction In State of Montana v. Tyler Edward Giffin (2021 MT 190), the Montana Supreme...
Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault

Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault

Date: Jul 7, 2021
Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault Introduction In the landmark case of State of Montana v. Terence James Thibeault (2021 MT 162), the...
Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey

Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey

Date: Jun 30, 2021
Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey Introduction In State of Montana v. Brandon Michael Bailey (2021 MT 157), the...
Privacy Expectations in Digital Communication: State v. Staker

Privacy Expectations in Digital Communication: State v. Staker

Date: Jun 23, 2021
Privacy Expectations in Digital Communication: State v. Staker Introduction In State of Montana v. Travis Staker (2021 MT 151), the Supreme Court of Montana addressed critical issues surrounding...
Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller

Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller

Date: Apr 14, 2021
Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller Introduction The case Estate of Nicholas Tyson Frazier; and Jeanette Young; v....
Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana

Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana

Date: Mar 24, 2021
Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana Introduction In the landmark case of Kila Shepherd v. State of Montana, the Montana Supreme Court...
Confrontation Clause and Two-Way Video Testimony: State v. Mercier

Confrontation Clause and Two-Way Video Testimony: State v. Mercier

Date: Jan 27, 2021
Confrontation Clause and Two-Way Video Testimony: State v. Mercier Introduction State of Montana v. Trevor Joseph Mercier, 403 Mont. 34, adjudicated by the Supreme Court of the State of Montana on...
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