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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Affirms Ballot Initiative Process for Reproductive Rights

Montana Supreme Court Affirms Ballot Initiative Process for Reproductive Rights

Date: Apr 2, 2024
Montana Supreme Court Affirms Ballot Initiative Process for Reproductive Rights Introduction In the landmark case of Montanans Securing Reproductive Rights and Samuel Dickman, M.D., Petitioners...
Montana Supreme Court Establishes Mandatory Credit for Tribal Custody Time in Probation Revocation

Montana Supreme Court Establishes Mandatory Credit for Tribal Custody Time in Probation Revocation

Date: Mar 20, 2024
Montana Supreme Court Establishes Mandatory Credit for Tribal Custody Time in Probation Revocation Introduction In the landmark case of State of Montana v. Malinda Crazymule, the Supreme Court of...
State of Montana Immunity Limitation in Child Protection Negligence: S.W. v. State of Montana

State of Montana Immunity Limitation in Child Protection Negligence: S.W. v. State of Montana

Date: Mar 20, 2024
State of Montana Immunity Limitation in Child Protection Negligence: S.W. v. State of Montana Introduction The case of S.W., a Minor, by and through her Guardian Jeffrey Ferguson, Plaintiff and...
Enforcing Restitution Through Plea Agreements: Insights from State v. Schroder

Enforcing Restitution Through Plea Agreements: Insights from State v. Schroder

Date: Mar 20, 2024
Enforcing Restitution Through Plea Agreements: Insights from State of Montana v. Schroder Introduction The case of State of Montana v. Bruce Schroder, 2024 MT 59, adjudicated by the Supreme Court of...
Montana Supreme Court Clarifies Separate-Vote Requirement: Single Amendment Focus in MSRR v. Knudsen

Montana Supreme Court Clarifies Separate-Vote Requirement: Single Amendment Focus in MSRR v. Knudsen

Date: Mar 19, 2024
Montana Supreme Court Clarifies Separate-Vote Requirement: Single Amendment Focus in MSRR v. Knudsen Introduction In the landmark case of Montanans Securing Reproductive Rights and Samuel Dickman,...
Hearsay Admissibility in Involuntary Mental Health Commitments: Insights from G.M. v. Montana Supreme Court

Hearsay Admissibility in Involuntary Mental Health Commitments: Insights from G.M. v. Montana Supreme Court

Date: Mar 13, 2024
Hearsay Admissibility in Involuntary Mental Health Commitments: Insights from G.M. v. Montana Supreme Court Introduction The case of G.M. v. Montana Supreme Court addresses a pivotal issue in the...
Default Judgment Affirmed in Saddlebrook Investments v. Krohne Fund

Default Judgment Affirmed in Saddlebrook Investments v. Krohne Fund

Date: Mar 6, 2024
Disclaimer: The following commentary analyzes a non-precedential memorandum opinion from the Supreme Court of Montana. This analysis is for informational purposes only and does not constitute legal...
Affirmation of Standard Probationary Conditions in Sexual Abuse Cases: State v. Welch

Affirmation of Standard Probationary Conditions in Sexual Abuse Cases: State v. Welch

Date: Mar 6, 2024
Affirmation of Standard Probationary Conditions in Sexual Abuse Cases: State v. Welch (2024 MT 42) Introduction In the case of State of Montana v. Christopher Michael Welch (2024 MT 42), the Supreme...
Reaffirming Due Process: Montana Supreme Court's Ruling on Common Scheme Offenses and Jury Instructions in Sexual Assault Cases

Reaffirming Due Process: Montana Supreme Court's Ruling on Common Scheme Offenses and Jury Instructions in Sexual Assault Cases

Date: Feb 28, 2024
Reaffirming Due Process: Montana Supreme Court's Ruling on Common Scheme Offenses and Jury Instructions in Sexual Assault Cases Introduction The Montana Supreme Court's recent decision in State of...
Establishing Duty and Liability in Insurance Procurement: Insights from TCF Enterprises v. Rames, Inc.

Establishing Duty and Liability in Insurance Procurement: Insights from TCF Enterprises v. Rames, Inc.

Date: Feb 28, 2024
Establishing Duty and Liability in Insurance Procurement: Insights from TCF Enterprises v. Rames, Inc. Introduction The Supreme Court of Montana, in the case of TCF Enterprises, Inc., d/b/a Malmquist...
Pro Forma Title Insurance: No Contractual Obligation Without Fulfillment of Conditions – Johnston et al. v. Flying S Title & Escrow, Inc.

Pro Forma Title Insurance: No Contractual Obligation Without Fulfillment of Conditions – Johnston et al. v. Flying S Title & Escrow, Inc.

Date: Feb 28, 2024
Pro Forma Title Insurance: No Contractual Obligation Without Fulfillment of Conditions – Johnston et al. v. Flying S Title & Escrow, Inc. Introduction The case of Johnston et al. v. Flying S Title &...
Supreme Court Establishes Strict Evidentiary Standards for Permanent Orders of Protection

Supreme Court Establishes Strict Evidentiary Standards for Permanent Orders of Protection

Date: Feb 14, 2024
Supreme Court Establishes Strict Evidentiary Standards for Permanent Orders of Protection Introduction In the landmark case of Camille L. Fritzler v. Alda Ida Bighorn, the Supreme Court of Montana...
Montana Supreme Court Upholds Attorney Fees under Private Attorney General Doctrine in Forward Montana v. State of Montana

Montana Supreme Court Upholds Attorney Fees under Private Attorney General Doctrine in Forward Montana v. State of Montana

Date: Feb 1, 2024
Montana Supreme Court Upholds Attorney Fees under Private Attorney General Doctrine in Forward Montana v. State of Montana Introduction In Forward Montana; Leo Gallagher; Montana Association of...
Equitable Distribution and Valuation Timing in Marital Dissolution: In Re The Marriage of Goudreau

Equitable Distribution and Valuation Timing in Marital Dissolution: In Re The Marriage of Goudreau

Date: Jan 17, 2024
Equitable Distribution and Valuation Timing in Marital Dissolution: In Re The Marriage of Goudreau Introduction The case of In Re The Marriage of Lindsay B. Goudreau and Jeffrey A. Goudreau (2024 MT...
Reinforcement of Direct Appeal Supremacy in Postconviction Relief: State v. Boyd

Reinforcement of Direct Appeal Supremacy in Postconviction Relief: State v. Boyd

Date: Jan 17, 2024
Reinforcement of Direct Appeal Supremacy in Postconviction Relief: State v. Boyd (2024 MT 8) Introduction State v. Boyd (2024 MT 8) is a significant case adjudicated by the Supreme Court of Montana,...
Montana Supreme Court Establishes New Precedent on Admissibility of Prior Sexual Conduct Evidence

Montana Supreme Court Establishes New Precedent on Admissibility of Prior Sexual Conduct Evidence

Date: Jan 17, 2024
Montana Supreme Court Establishes New Precedent on Admissibility of Prior Sexual Conduct Evidence Introduction In the landmark case of State of Montana v. Nels Jerry Peterson (415 Mont. 34), the...
Merila v. Burke: Affirmation of "Not Reasonably Practicable" Standard for Partner Expulsion Under Montana UPA

Merila v. Burke: Affirmation of "Not Reasonably Practicable" Standard for Partner Expulsion Under Montana UPA

Date: Jan 17, 2024
Merila v. Burke: Affirmation of "Not Reasonably Practicable" Standard for Partner Expulsion Under Montana UPA Introduction The case of Billy Ann Merila v. Daniel Brian Burke (415 Mont. 24) presents a...
Good Cause for Trial Delay under Speedy Trial Statute Affirmed Amid COVID-19 Pandemic

Good Cause for Trial Delay under Speedy Trial Statute Affirmed Amid COVID-19 Pandemic

Date: Jan 10, 2024
Good Cause for Trial Delay under Speedy Trial Statute Affirmed Amid COVID-19 Pandemic Introduction The case of City of Great Falls v. Hannah Rose Kuntz (2024 MT 2) presents a pivotal examination of...
Balancing Defendant's Right to Discovery with Victims' Privacy: Insights from State v. Calahan

Balancing Defendant's Right to Discovery with Victims' Privacy: Insights from State v. Calahan

Date: Nov 22, 2023
Balancing Defendant's Right to Discovery with Victims' Privacy: Insights from State v. Calahan Introduction The Supreme Court of Montana in State of Montana v. Sean McKelvey Calahan (2023) addressed...
Montana Supreme Court Reinforces Strict Residency Requirements for County Attorney Candidates

Montana Supreme Court Reinforces Strict Residency Requirements for County Attorney Candidates

Date: Sep 20, 2023
Montana Supreme Court Reinforces Strict Residency Requirements for County Attorney Candidates Introduction The case of Darla Downs v. Frank Piocos (413 Mont. 269) addresses the crucial issue of...
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