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Montana Case Commentaries

Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases

Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases

Date: Sep 2, 2015
Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases Introduction In the landmark case Gregory A. Christian et al. v. Atlantic Richfield...
Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses

Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses

Date: Aug 19, 2015
Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses Introduction The Supreme Court of Montana's decision in In the Matter of the Estate of...
Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis

Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis

Date: Jul 31, 2015
Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis Introduction The case of STATE of Montana v. Robert E. Spady (380 Mont. 179) addresses the...
Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment

Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment

Date: Jun 3, 2015
Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment Introduction In the landmark case State of Montana v. Matthew Montgomery (379 Mont. 353, 2015), the...
Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana

Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana

Date: May 6, 2015
Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana Introduction In the case of Kelly Mitchell v. State of Montana, the Supreme Court of Montana addressed a critical issue...
Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana

Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana

Date: Apr 22, 2015
Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana Introduction The case of STATE of Montana v. Michael Patrick Dunsmore serves as a pivotal judicial decision in...
Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon

Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon

Date: Mar 11, 2015
Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon Introduction Walter Woods III and Nereida Woods, the appellants, brought forth a legal challenge...
Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards

Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards

Date: Jan 7, 2015
Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards Introduction In State of Montana v. Christopher Donald Greene, the Supreme Court of Montana addressed...
Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA

Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA

Date: Nov 26, 2014
Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA Introduction The Supreme Court of Montana addressed a pivotal case involving...
Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons

Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons

Date: Nov 6, 2014
Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons Introduction The case of In the Matter of the Estate of L.D.L., An Incapacitated Person (2014 MT 291)...
Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP

Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP

Date: Sep 17, 2014
Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP Introduction Donald C. Marks v. 71 Ranch, LP (334 P.3d 373), adjudicated by the Supreme Court of...
Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures

Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures

Date: Sep 3, 2014
Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures Introduction In the case of State of Montana v. Chelsea Lynn Strom (333 P.3d 218, 2014), the Montana Supreme Court addressed...
Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee

Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee

Date: Aug 20, 2014
Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee Introduction The case of State of Montana v. Chelsea Mae Chafee, decided by the Supreme...
Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards

Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards

Date: Aug 6, 2014
Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards Introduction The Supreme Court of Montana, in the case titled In re the Marriage of...
Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts

Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts

Date: Jul 16, 2014
Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts Introduction In STATE of Montana v. Karlyle Steven Lee Plouffe, 329 P.3d 1255 (Mont. 2014), the Montana...
Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County

Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County

Date: Jun 28, 2014
Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County Introduction The case of Skelton Ranch, Inc., Claimant and Appellant, v....
Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor

Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor

Date: Jun 4, 2014
Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor Introduction In the landmark case of Kevin Mark Taylor v. State of Montana, decided on June 3, 2014, the...
Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes

Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes

Date: May 8, 2014
Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes Introduction The case of Ernest E. Nelson v. Randall Brooks and Ila Mae Brooks, decided by the...
Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley

Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley

Date: Feb 19, 2014
Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley Introduction In the landmark case In re the Marriage of Dennis Crowley,...
Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson

Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson

Date: Jan 22, 2014
Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson Introduction State of Montana v. Jeremiah Allen Johnson (317 P.3d 164) is...
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