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  • Commentaries
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Montana Case Commentaries

De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin

De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin

Date: Jul 28, 2021
De Novo Standard for Reviewing Probable Cause in Criminal Endangerment Charges: State of Montana v. Giffin Introduction In State of Montana v. Tyler Edward Giffin (2021 MT 190), the Montana Supreme...
Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault

Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault

Date: Jul 7, 2021
Deferred Imposition of Sentence and Conditional Incarceration: Insights from State v. Thibeault Introduction In the landmark case of State of Montana v. Terence James Thibeault (2021 MT 162), the...
Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey

Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey

Date: Jun 30, 2021
Confrontation Rights and the Use of Two-Way Video Testimony: Insights from State of Montana v. Brandon Michael Bailey Introduction In State of Montana v. Brandon Michael Bailey (2021 MT 157), the...
Privacy Expectations in Digital Communication: State v. Staker

Privacy Expectations in Digital Communication: State v. Staker

Date: Jun 23, 2021
Privacy Expectations in Digital Communication: State v. Staker Introduction In State of Montana v. Travis Staker (2021 MT 151), the Supreme Court of Montana addressed critical issues surrounding...
Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller

Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller

Date: Apr 14, 2021
Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller Introduction The case Estate of Nicholas Tyson Frazier; and Jeanette Young; v....
Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana

Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana

Date: Mar 24, 2021
Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana Introduction In the landmark case of Kila Shepherd v. State of Montana, the Montana Supreme Court...
Confrontation Clause and Two-Way Video Testimony: State v. Mercier

Confrontation Clause and Two-Way Video Testimony: State v. Mercier

Date: Jan 27, 2021
Confrontation Clause and Two-Way Video Testimony: State v. Mercier Introduction State of Montana v. Trevor Joseph Mercier, 403 Mont. 34, adjudicated by the Supreme Court of the State of Montana on...
Affirmation of Limited Standing for Non-Human Entities in Montana Human Rights Retaliation Claims

Affirmation of Limited Standing for Non-Human Entities in Montana Human Rights Retaliation Claims

Date: Jan 27, 2021
Affirmation of Limited Standing for Non-Human Entities in Montana Human Rights Retaliation Claims Introduction The case of The Montana Independent Living Project, Inc. v. The City of Helena (403...
Montana Supreme Court Upholds Multiple Convictions for Child Pornography Possession

Montana Supreme Court Upholds Multiple Convictions for Child Pornography Possession

Date: Jan 6, 2021
Montana Supreme Court Upholds Multiple Convictions for Child Pornography Possession Introduction The Montana Supreme Court, in the landmark case of State of Montana v. J Cee Felde (402 Mont. 391,...
Montana Supreme Court Affirms Short-Term Rentals Under "Residential Purposes Only" Covenants

Montana Supreme Court Affirms Short-Term Rentals Under "Residential Purposes Only" Covenants

Date: Dec 9, 2020
Montana Supreme Court Affirms Short-Term Rentals Under "Residential Purposes Only" Covenants Introduction In the landmark case of Craig Tracts Homeowners' Association, Inc. v. Brown Drake, LLC (402...
Montana Supreme Court Upholds Criminal Liability for Physicians' Unlawful Drug Distribution Practices

Montana Supreme Court Upholds Criminal Liability for Physicians' Unlawful Drug Distribution Practices

Date: Sep 17, 2020
Montana Supreme Court Upholds Criminal Liability for Physicians' Unlawful Drug Distribution Practices Introduction In the landmark case of State of Montana v. Chris Arthur Christensen (401 Mont. 247,...
Montana Supreme Court Upholds District Court's Jurisdiction in Glacier County Financial Mismanagement Case

Montana Supreme Court Upholds District Court's Jurisdiction in Glacier County Financial Mismanagement Case

Date: Aug 19, 2020
Montana Supreme Court Upholds District Court's Jurisdiction in Glacier County Financial Mismanagement Case Introduction In the landmark case of Jeff Gottlob et al. v. Glacier County et al. (401 Mont....
Montana Supreme Court Limits Use of False Rape Reporting Statistics to Uphold Fair Trial Rights

Montana Supreme Court Limits Use of False Rape Reporting Statistics to Uphold Fair Trial Rights

Date: Aug 12, 2020
Montana Supreme Court Limits Use of False Rape Reporting Statistics to Uphold Fair Trial Rights Introduction In the landmark case State of Montana v. Philip Bryson Grimshaw, the Montana Supreme Court...
Interpretation of Appurtenant Water Rights in Montana: Little Big Warm Ranch v. Dolls et al.

Interpretation of Appurtenant Water Rights in Montana: Little Big Warm Ranch v. Dolls et al.

Date: Aug 12, 2020
Interpretation of Appurtenant Water Rights in Montana: Little Big Warm Ranch v. Dolls et al. Introduction The case of Little Big Warm Ranch, LLC (LBWR) vs. Cheri L. Doll et al. addresses complex...
Montana Supreme Court Upholds OPD's Right to Adjust Compensation Rates: Brooke v. Montana State

Montana Supreme Court Upholds OPD's Right to Adjust Compensation Rates: Brooke v. Montana State

Date: Jul 29, 2020
Montana Supreme Court Upholds OPD's Right to Adjust Compensation Rates: Brooke v. Montana State Introduction In the landmark case Brooke, Lerman, and West v. State of Montana, the Supreme Court of...
Montana Supreme Court Rules Disability Retirement Benefits Exclude from Divisible Marital Estate in Equitable Distribution

Montana Supreme Court Rules Disability Retirement Benefits Exclude from Divisible Marital Estate in Equitable Distribution

Date: Apr 22, 2020
Montana Supreme Court Rules Disability Retirement Benefits Exclude from Divisible Marital Estate in Equitable Distribution Introduction The case of In re the Marriage of Terri Elder and Sam Mahlum,...
Montana Supreme Court Clarifies 'Street Time' Credit Requirements under §46-18-203(7)(b), MCA (2017)

Montana Supreme Court Clarifies 'Street Time' Credit Requirements under §46-18-203(7)(b), MCA (2017)

Date: Apr 8, 2020
Montana Supreme Court Clarifies 'Street Time' Credit Requirements under §46-18-203(7)(b), MCA (2017) Introduction In the case of State of Montana v. Charles Edward Jardee, the Supreme Court of...
Montana Supreme Court Reinforces Impartial Jury Requirement in Sexual Assault Case: Ghostbear v. State

Montana Supreme Court Reinforces Impartial Jury Requirement in Sexual Assault Case: Ghostbear v. State

Date: Mar 18, 2020
Montana Supreme Court Reinforces Impartial Jury Requirement in Sexual Assault Case: Ghostbear v. State Introduction In the landmark case State of Montana v. Edward Harold Ghostbear, the Montana...
Right to Be Present in Criminal Proceedings: Analysis of State v. Michael Wayne George

Right to Be Present in Criminal Proceedings: Analysis of State v. Michael Wayne George

Date: Mar 11, 2020
Right to Be Present in Criminal Proceedings: Analysis of State of Montana v. Michael Wayne George Introduction In State of Montana v. Michael Wayne George, the Montana Supreme Court addressed a...
Limitations on Ineffective Assistance of Counsel Claims and Management of Testimonial Materials: Ward v. State of Montana

Limitations on Ineffective Assistance of Counsel Claims and Management of Testimonial Materials: Ward v. State of Montana

Date: Feb 12, 2020
Limitations on Ineffective Assistance of Counsel Claims and Management of Testimonial Materials: Ward v. State of Montana Introduction The case of State of Montana v. Shawn Joseph Ward (399 Mont. 16)...
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