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Montana Case Commentaries

Affirmation of Routine Clothed Searches Under the Eighth Amendment: Lawrence v. Pasha

Affirmation of Routine Clothed Searches Under the Eighth Amendment: Lawrence v. Pasha

Date: Aug 9, 2023
Affirmation of Routine Clothed Searches Under the Eighth Amendment: Lawrence v. Pasha Introduction Lawrence v. Pasha, 413 Mont. 149 (2023), addresses critical issues concerning inmates' rights...
Affirmation of Prescriptive Easement Rights in Absence of Permissive Use: Cremer Rodeo Land v. Linda McMullen

Affirmation of Prescriptive Easement Rights in Absence of Permissive Use: Cremer Rodeo Land v. Linda McMullen

Date: Jun 21, 2023
Affirmation of Prescriptive Easement Rights in Absence of Permissive Use: Cremer Rodeo Land v. Linda McMullen Introduction The case of Cremer Rodeo Land and Livestock Company v. Linda McMullen...
Limits of Investigative Traffic Stops: Montana Supreme Court Sets Clear Boundaries

Limits of Investigative Traffic Stops: Montana Supreme Court Sets Clear Boundaries

Date: May 17, 2023
Limits of Investigative Traffic Stops: Montana Supreme Court Sets Clear Boundaries Introduction In the landmark case of State of Montana v. Nicole Abenicia Noli, decided on May 16, 2023, the Supreme...
Affirmation of District Court's Denial of Preliminary Injunction in Bardos v. Spoklie: Implications for Easement Agreements and Preliminary Injunction Standards

Affirmation of District Court's Denial of Preliminary Injunction in Bardos v. Spoklie: Implications for Easement Agreements and Preliminary Injunction Standards

Date: Jan 25, 2023
Affirmation of District Court's Denial of Preliminary Injunction in Bardos v. Spoklie: Implications for Easement Agreements and Preliminary Injunction Standards Introduction The case of Paul Phillip...
Admissibility of Court Minute Entries Under Confrontation Clause Affirmed in State v. Staudenmayer

Admissibility of Court Minute Entries Under Confrontation Clause Affirmed in State v. Staudenmayer

Date: Jan 11, 2023
Admissibility of Court Minute Entries Under Confrontation Clause Affirmed in State of Montana v. Staudenmayer (411 Mont. 167) Introduction In the landmark case of State of Montana v. Robert Earl...
Montana Supreme Court Establishes Abandonment as Prerequisite for Foster Parent Intervention in Child Dependency Cases

Montana Supreme Court Establishes Abandonment as Prerequisite for Foster Parent Intervention in Child Dependency Cases

Date: Nov 16, 2022
Montana Supreme Court Establishes Abandonment as Prerequisite for Foster Parent Intervention in Child Dependency Cases Introduction The case of U.A.C., A Youth in Need of Care (410 Mont. 493)...
Clarifying Conveyance Instruments in Easement Transfers: The Towsley v. Stanzak Decision

Clarifying Conveyance Instruments in Easement Transfers: The Towsley v. Stanzak Decision

Date: Nov 2, 2022
Clarifying Conveyance Instruments in Easement Transfers: The Towsley v. Stanzak Decision Introduction The case of Towsley and Smith Towsley v. Stanzak et al. adjudicated by the Supreme Court of...
Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity

Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity

Date: Oct 12, 2022
Affirmation of Montana Rape Shield Protections: Admissibility of Victim’s Alleged Prior Accusations Requires Proving Their Falsity Introduction The Supreme Court of Montana, in the case of State of...
In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division

In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division

Date: Sep 21, 2022
In Re The Marriage of Chelsey E. George and Michael E. Frank: Valuation Date in Equitable Property Division Introduction In the case of In Re The Marriage of Chelsey E. George and Michael E. Frank,...
Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses

Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses

Date: Jun 30, 2022
Montana Supreme Court Establishes Exclusive Regulatory Authority of Board of Regents Over Firearms on University Campuses Introduction The case of Board of Regents of Higher Education of the State of...
Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops

Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops

Date: May 25, 2022
Montana Supreme Court Establishes Precedent on Unlawful Prolongation of Investigative Stops Introduction In the case of State of Montana v. Michael Allen Zeimer (2022 MT 96), the Montana Supreme...
Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines

Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines

Date: Apr 13, 2022
Montana Supreme Court Affirms Justice of the Peace's Authority to Issue Search Warrants Across County Lines Introduction The case of State of Montana v. William Dean Grussing (408 Mont. 245)...
Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights

Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights

Date: Mar 9, 2022
Montana Supreme Court Upholds Ripeness Doctrine in Challenge to HB 286 on School Trust Land Water Rights Introduction In the landmark decision of Advocates for School Trust Lands v. The State of...
Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis

Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis

Date: Mar 9, 2022
Montana Supreme Court Affirms Denial of Constitutional Challenge to HB 286: A Comprehensive Analysis Introduction In the landmark case of Advocates for School Trust Lands v. State of Montana, the...
Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District

Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District

Date: Jan 26, 2022
Establishing Implied Water Rights: Twin Creeks Farm & Ranch v. Petrolia Irrigation District Introduction In the landmark case of Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation District (2022 MT...
Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples

Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples

Date: Jan 12, 2022
Affirmation of Probation Search Exception and Limited Scope of Exclusionary Rule in State v. Arthur Ray Peoples Introduction In the landmark case of State of Montana v. Arthur Ray Peoples (407 Mont....
Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide

Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide

Date: Dec 29, 2021
Montana Supreme Court Establishes Stricter Standards for Attempted Deliberate Homicide Introduction The case of State of Montana v. Banner Lee Boyd (407 Mont. 1) represents a significant decision by...
Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH

Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH

Date: Dec 29, 2021
Enhancement of Privacy Rights in Residential Driveways: Montana Supreme Court’s Landmark Decision in STATE v. SMITH Introduction In the pivotal case of State of Montana v. Quincy Smith, decided on...
Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows

Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows

Date: Aug 18, 2021
Montana Supreme Court Establishes Guidelines for Implied and Prescriptive Easements in Associational Standing: JRN Holdings v. Dearborn Meadows Introduction The case of JRN Holdings, LLC v. Dearborn...
Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court

Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court

Date: Aug 11, 2021
Montana Supreme Court Clarifies Bail Discretion in Grafft v. Montana Fourth Judicial District Court Case: Aaron Michael Grafft, Petitioner, v. Montana Fourth Judicial District Court, State of...
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