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  • Commentaries
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Montana Case Commentaries

State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops

State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops

Date: Sep 22, 2017
State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops Introduction In the landmark case of State of Montana v. Steven Todd Hoover, the Supreme...
Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence

Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence

Date: Sep 6, 2017
Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence Introduction In State of Montana v. Daryl E. Strang (388 Mont....
Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA

Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA

Date: Aug 23, 2017
Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA Introduction In the case of Jeffrey R. Folsom v. Montana Public Employees' Association, Inc....
Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie

Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie

Date: Aug 9, 2017
Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie Introduction In State v. Golie, 388 Mont. 252 (2017), the Supreme Court of Montana addressed significant...
Affirming Fair Trial Standards: Insights from State v. Stutzman

Affirming Fair Trial Standards: Insights from State v. Stutzman

Date: Jul 7, 2017
Affirming Fair Trial Standards: Insights from State v. Stutzman Introduction State of Montana v. Michael Robert Stutzman is a significant case adjudicated by the Supreme Court of the State of Montana...
Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman

Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman

Date: May 31, 2017
Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman Introduction In State of Montana v. Jeffrey Bruce Lackman, the Supreme Court of the State...
Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty

Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty

Date: Mar 8, 2017
Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty Introduction In HU Beaver, Patsy Beaver, Plaintiffs, Appellees and Cross-Appellants, Dennis Duty, Plaintiff and...
Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles

Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles

Date: Dec 29, 2016
Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles Introduction The case of United States of America (Bureau of Land Management) vs. Barthelmess...
Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments

Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments

Date: Dec 28, 2016
Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments Introduction In the landmark case of State of Montana v. William James Lawrence (386 Mont. 86, 2016), the Supreme...
Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr.

Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr.

Date: Dec 7, 2016
Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr. Introduction The case of STATE of Montana v. Kelly Ray Massey, Jr., decided by the...
Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce

Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce

Date: Nov 30, 2016
Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce Introduction State of Montana v. Robert Pierce, 385 Mont. 439...
Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations

Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations

Date: Nov 4, 2016
Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations Introduction The case Granite County Board of Commissioners v. Esther J....
Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions

Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions

Date: Oct 12, 2016
Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions Introduction Citizens for a...
Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al.

Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al.

Date: Sep 7, 2016
Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al. Introduction The Supreme Court of the State of Montana rendered its decision on September 6,...
Legal Accountability in Incest Cases: Analysis of STATE v. Joshua James Kline

Legal Accountability in Incest Cases: Analysis of STATE v. Joshua James Kline

Date: Jul 27, 2016
Legal Accountability in Incest Cases: Analysis of STATE of Montana v. Joshua James Kline Introduction In the landmark case of STATE of Montana v. Joshua James Kline (384 Mont. 157), the Supreme Court...
Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes

Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes

Date: Jul 27, 2016
Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes Introduction The case of Ste v. Kelly, Monte Giese, Henry Nagamori and Kalanick Ranch, Inc. versus Teton Prairie LLC addresses...
Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry

Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry

Date: Mar 30, 2016
Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry Introduction The case of Gene R. Curry, Cheryl S. Curry, and Curry Cattle Co. v....
Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger

Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger

Date: Feb 10, 2016
Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger Introduction In State of Montana v. Dean Jason Ballinger (382 Mont. 193, 2016), the...
State v. Favel: Upholding Due Process in DUI Proceedings

State v. Favel: Upholding Due Process in DUI Proceedings

Date: Dec 3, 2015
State v. Favel: Upholding Due Process in DUI Proceedings Introduction In State of Montana v. Jackie Lee Favel, 381 Mont. 472 (2015), the Supreme Court of Montana addressed significant issues...
Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re Kostelnik

Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re Kostelnik

Date: Sep 30, 2015
Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re the Marriage of Jackie J. Kostelnik and Daniel J. Kostelnik Introduction The...
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