Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...
No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...
No Final Opinion Yet: The Disciplinary Case Against Mark E. Anderson Signals Strict Enforcement of MRPC 3.1, 3.5, and 8.4 for Abusive Litigation Conduct Introduction This commentary examines the...
When Parties Fail to Provide Valuation Evidence, a District Court May Order Appraisal or Sale and Still Equitably Divide the Estate: Nonprecedential Affirmance in Marriage of Schafer Court: Supreme...
No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings Introduction In Matter of P.G.J., 2025 MT...
No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)...
State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon...
State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element...
Privilege Follows the Reporting: Montana High Court Holds Place of Newsgathering Governs Media-Subpoena Privileges Introduction In EQT CHAP LLC v. Environmental Health Sciences, 2025 MT 237, the...
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review Note: This is a memorandum opinion designated noncitable under...
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust Introduction In Matter of the...
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied Introduction In State v. E. Ramirez, 2025 MT 232, the Supreme Court of Montana affirmed the...
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges Introduction In State v. Wolfchild, 2025 MT 234N, the...
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims Introduction In Stone v. City of Livingston,...
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs...
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA Introduction In Barce v. Filler (Supreme Court of...
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms Introduction In Estate of Hudson, 2025 MT...
No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases Introduction In Matter of B.B.-R., YINC (Supreme Court of Montana,...
Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of...
Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O....