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  • Commentaries
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Montana Case Commentaries

Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards

Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards

Date: Jan 19, 2025
Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards Introduction The case of State of Montana v. Charlotte Ann Wolfchild (2025 MT 7) addresses the scope of restitution...
Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children

Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children

Date: Jan 19, 2025
Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children Introduction In the landmark case In the Matter of: L.B. and R.B., Youths in Need of Care (2025 MT 6), the Supreme...
Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings

Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings

Date: Jan 19, 2025
Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings Introduction The case of W.J.B. v. Commonwealth ([2024 MT 8](#)) presents a critical examination of...
Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations

Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations

Date: Jan 13, 2025
Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations Introduction In the case of State of Montana v. Kathan Devernon Johnson (2025...
Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon

Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon

Date: Jan 13, 2025
Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon Introduction The case State of Montana, Petitioner, v. Montana First Judicial District Court, Lewis and...
Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER

Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER

Date: Jan 13, 2025
Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER Introduction STATE OF MONTANA v. MICHELE LARA...
Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits

Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits

Date: Jan 4, 2025
Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits Introduction The case of Montana Environmental Information Center and Sierra Club v. Montana...
Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations

Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations

Date: Jan 3, 2025
Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations Introduction In the landmark case of Jayson O'Neill v. Greg Gianforte, the Supreme Court of...
Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA

Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA

Date: Jan 3, 2025
Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA Introduction In the landmark case of Montana Trout Unlimited et al. v. Montana Department of Natural Resources and...
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Date: Dec 26, 2024
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief Introduction In the case of Jace Cade Zeiler, Petitioner and Appellant, v. State of Montana,...
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Date: Dec 26, 2024
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent Introduction The Supreme Court of Montana delivered a pivotal decision...
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Date: Dec 26, 2024
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees Introduction In the landmark case of Craig Baugh v. H2S2, LLC (2024 MT 314),...
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Date: Dec 26, 2024
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas Introduction The case of State of Montana v. Zechariah Justin Daniel Smith (2024 MT 316) presents a significant...
Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers

Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers

Date: Dec 23, 2024
Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers Introduction In the landmark case of Cottonwood Environmental Law Center et al. v. State of...
Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana

Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana

Date: Dec 23, 2024
Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana Introduction In the landmark case of Mark v. Montana, the Supreme Court of Montana addressed critical issues...
Affirmation of Conviction in State v. Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine

Affirmation of Conviction in State v. Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine

Date: Dec 19, 2024
Affirmation of Conviction in State of Montana v. Brian Robert Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine Introduction In the case of State of Montana v. Brian Robert...
Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA

Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA

Date: Dec 19, 2024
Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA Introduction In the landmark case of State of Montana v. Yanbin Bao (2024 MT 308), the Supreme Court of Montana addressed a...
Risher v. State: Clarifying Credit for Time Served in Montana

Risher v. State: Clarifying Credit for Time Served in Montana

Date: Dec 19, 2024
Risher v. State: Clarifying Credit for Time Served in Montana Introduction In the landmark case of State of Montana v. Tyrone Lee Risher (2024 MT 309), the Supreme Court of Montana addressed...
Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases

Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases

Date: Dec 19, 2024
Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases Introduction The case of City of Missoula v. Mark Follweiler (2024 MT 311) revolves around the application of...
Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case

Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case

Date: Dec 19, 2024
Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case Introduction The State of Montana appealed against Christopher Robin Ledeau, challenging the imposition of specific...
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