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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination

Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination

Date: Dec 8, 2024
Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination Introduction The Montana Supreme Court recently adjudicated a pivotal case involving the termination of Rhonda...
Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling

Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling

Date: Dec 8, 2024
Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling Introduction In the case of State of Montana v. Saul James Dooling (2024 MT 286), the Supreme Court of Montana addressed a...
Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis

Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis

Date: Dec 8, 2024
Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis Introduction DuCharme v. Brick (2024 MT 288) represents the sixth judicial appearance of Jennifer Brick before the...
Extended Protections in Stalking Cases: Vanisko v. Richardson

Extended Protections in Stalking Cases: Vanisko v. Richardson

Date: Dec 8, 2024
Extended Protections in Stalking Cases: Vanisko v. Richardson Introduction In the case of Michelle Hollcraft Vanisko v. Brad Rae Richardson (2024 MT 287), the Supreme Court of Montana addressed the...
Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA

Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA

Date: Nov 27, 2024
Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA Introduction The case of WES ADAMS v. STATE OF...
Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements

Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements

Date: Nov 27, 2024
Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements Introduction The case of Bluebird Property Rentals, LLC and Alaina Garcia v. World Business Lenders, LLC...
Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON

Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON

Date: Nov 27, 2024
Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON Introduction The case of State of Montana v. Seth Joseph Johnson (2024 MT...
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...
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