State v. Freeman: Continuous Probation Violations May Justify Denial of “Street Time” Credit, but Courts Must Credit Discrete Compliant Periods and Explain Any Denial Introduction In State v. C....
Production of Nonprofit Records in Discovery Moots Inspection Claims; Courts Decline to Intervene in Uncontested, Superseded Officer Elections Absent Injury 1. Introduction E. Kragh v. MADC is a 2026...
Marriage of French: Rule 60(b) Relief Cannot Substitute for an Untimely Appeal; Voidness Requires a Fundamental Due Process Defect Shown on an Adequate Record 1. Introduction Case: In re the Marriage...
State v. M. Mitchell (2026 MT 201): Custody During Revocation Is Credited to the Active DOC Term Being Served; the State Is Judicially Estopped From Reclaiming Detention-Credit Error It Invited 1....
Plain-Error Resentencing Required When a Court Applies a Post-Offense Sentencing Amendment as “Mandatory” Case: State v. M. Partridge, 2026 MT 204N (Mont. Aug. 25, 2026) (memorandum opinion;...
No Delegation of Financial Sentencing Obligations to Parole; Mislabeling “Crime of Violence” Requires Striking, Not Resentencing Absent Reliance Case: State v. T.W. Hatfield, 2026 MT 202 (Mont. Aug....
Will-Serve Letters Imply Performance Within a “Reasonable Time” and Do Not Create Perpetual Municipal Capacity Obligations Introduction West Dev. v. Town of W. Yellowstone (2026 MT 203) arose from a...
Supervisory Control Will Not Correct Denial of Intervention Where Interests Are Fact-Dependent and Lobbying Alone Is Not a Legally Protectable Interest Case: Chamber of Commerce v. 1st Judicial...
Continuing Loss-of-Use Contract Damages After Property Sale and Full Contract Fee Recovery When Contract and MCPA Claims Are Inextricably Intertwined 1. Introduction Mcnain Holdings v. Wilderness...
MAPA’s 30-Day Judicial-Review Deadline Is Strict, with Only Narrow Equitable Relief Requiring Diligence and External Impediment Introduction In NOCR v. MT Dept. of Revenue (2026 MT 197N), the Montana...
ICWA Nonwaivability in Private Termination/Stepparent Adoption Proceedings: Courts Must Independently Determine Applicability; Stipulation Error Is Harmless Absent “Reason to Know” Case: Parenting...
Serial Habeas Filings While Postconviction Relief Is Pending: Habeas Denied and Prefiling Leave Requirement Authorized Case: Smith v. Reich (Mont. Sup. Ct. OP 26-0548) Date: August 18, 2026...
Direct-Appeal Ineffective Assistance Claims Must Be Record-Based; Pro Se Appellants Must Cite the Record and Authority (State v. B. Ackerman) 1. Introduction In State v. B. Ackerman, 2026 MT 196N,...
Stipulation and Failure to Object Waive Appellate Claims for Elapsed (Street) Time Credit in Revocation Sentencing 1. Introduction State v. R. Jore (Mont. Sup. Ct. Aug. 18, 2026) addresses a...
Withdrawal as Waiver in Dissolution Appeals: Abandoned Third-Party Property Claims and Untimely Discovery Do Not Become Due Process Violations Introduction Marriage of Ferrazzano (Mont. Sup. Ct. 2026...
Montana DUI Mandatory-Minimum Fines After State v. Cole: Sentencing Courts Must Assess Ability to Pay and Suspend the Unpayable Portion 1. Introduction Case: State v. D. Barker, 2026 MT 181N (Mont....
Waiver of “Elapsed Time” (Street-Time) Credit Challenges by Acquiescence at Revocation; Non-Objection Renders Error “Objectionable,” Not “Illegal” Introduction State v. Day (Mont. Sup. Ct. Aug. 4,...
UM-CRApp: Uniform, Record-Confined Appeals from Municipal Courts of Record to District Court—with Optional Ordinance-Based Jurisdictional Minimums and Indigency Waivers 1. Introduction On August 4,...
Parcel-Specific Severance and Scope Findings Required for Implied Easements by Preexisting Use (and Cost Memo Timing Requires a Final Decision) 1. Introduction Brock v. Tompkins (2026 MT 175) is a...
No Negligent Entrustment Between Co-Owners Absent Superior Control; No Text-Sender Duty Without Knowledge the Driver Will Read While Driving (Mont. 2026) Estate of Janice Graham v. Howell, 2026 MT...