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Limitation on Community Caretaker Doctrine: Requiring Particularized Suspicion for DUI Investigatory Stops Introduction The case of City of Missoula v. Bryan Allan Metz serves as a pivotal decision...
Supreme Court of Montana Reinforces State Preemption Over Local Firearm Regulation: Missoula v. Fox Introduction Case Citation: City of Missoula, Plaintiff and Appellee, v. Timothy C. Fox, in his...
Montana Supreme Court Establishes Strict Standards for Judicial Disqualification and Sanctions in Probate Litigation Introduction The Montana Supreme Court delivered a pivotal decision in In re the...
Montana Supreme Court Affirms Broad Interpretations of Easement Rights in Religious Property Disputes Introduction The case of Whitefish Congregation of Jehovah's Witnesses, Inc. v. Giuseppe and...
Montana Supreme Court Clarifies Age of Consent Standards in Sexual Offense Cases: State v. Resh Introduction The case of State of Montana v. Hadley Gene Resh (397 Mont. 254) addressed critical issues...
Balancing Regulatory Roles: PSC's Dual Function in Waste Management Licensing Introduction The case of ALLIED WASTE SERVICES OF NORTH AMERICA, LLC AND MONTANA WASTE SYSTEMS, INC. d/b/a NORTH VALLEY...
Clarifying Express Easement Creation Through Subdivision Plats: Montana Supreme Court in O'Keefe v. Mustang Ranches HOA Introduction In the landmark case of Audrey O'Keefe and Tim Beardsley v....
Insurer’s Duty to Defend Precludes Presumed Reasonableness of Unilateral Settlements: Montana Supreme Court Establishes New Precedent Introduction The case of Draggin' Y Cattle Company, Inc.; and...
Affirmation of Repeat Persistent Felony Offender Sentencing under § 46-18-502(2), MCA Introduction In the case of State of Montana v. Zachary Tucker Martin (394 Mont. 351), the Supreme Court of...
Standard for Judicial Disqualification in Parenting Cases: In Re The Parenting of L.R. (2018 MT 294) Introduction The Supreme Court of Montana addressed a critical issue in judicial procedures...
Affirmation of Lower Court’s Parenting Plan: Establishing Standards for Parental Custody Decisions Introduction The case of In re the Parenting of: L.G.L., a Minor Child (2018 MT 283) presents a...
Affirmation of Lower Court Decision in Rorabaugh v. Zelenka: Procedural Compliance and Lack of New Legal Precedent Introduction The case of In Re The Marriage of: Jason L. Rorabaugh, Petitioner and...
Affirmation of GAL Testimony Despite Procedural Delays in Custody Proceedings Introduction In the case of In re the Marriage of Benette Ann Johnson and Eric Michael Johnson (430 P.3d 1006), the...
Succession and Fiduciary Duties: Insights from Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company Introduction The case of Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company,...
Affirmation of Lesser Included Offense in Sexual Assault Cases STATE OF MONTANA, Plaintiff and Appellee, v. KEVIN ANTHONY BRIGGS, Defendant and Appellant. (2018 MT 261) Introduction The case of State...
Montana Supreme Court Clarifies Application of Plain Error Doctrine in Right of Presence Violations Introduction In the case of State of Montana v. Adam Hatfield (392 Mont. 509), the Supreme Court of...
Harmless Error and Brady Violations: Insights from State of Montana v. Michael Gilbert Ilk Introduction State of Montana v. Michael Gilbert Ilk is a pivotal case adjudicated by the Supreme Court of...
Strict Procedural Adherence Affirmed in Bugli v. Ravalli County: Implications for County Road Abandonment and Claim Preclusion Introduction In the case of Bugli v. Ravalli County, the Supreme Court...
Affirmation of Transaction Rule Application for Gang Affiliation Evidence and Mistrial Standards: An Analysis of State v. Michelotti Introduction In State of Montana v. Christopher James Michelotti,...
Miranda Protections in Prolonged Investigatory Stops: A New Precedent in Montana Jurisprudence Introduction In City of Missoula v. Marcy Jane Kroschel (419 P.3d 1208), the Supreme Court of Montana...