HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts Supreme Court of Montana – 2025 MT 154N Appeal No. DA...
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator Commentary on Conservatorship of S.H.C., 2025 MT 151N...
Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Comprehensive Commentary on Estate of Elliot, 2025 MT 149 Introduction Estate of Elliot is the...
Equitable Rescission in Grantor-Support Agreements Clarified: Comprehensive Commentary on Helvik v. Tuscano, 2025 MT 150 Introduction Helvik v. Tuscano is the Montana Supreme Court’s most significant...
Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property 1. Introduction In In the Matter of the Estate of Rosemary E. Colver, 2025 MT 146,...
Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims 1. Introduction Shelby Ragner was convicted by a Gallatin County jury of Sexual...
“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct 1. Introduction State v. Douglas Baertsch, 2025 MT 143, is a high-profile decision of the...
Schultz and the “Fictional Victim” Rule: Mandatory-Minimum Enhancements Require an Actual Child Victim Introduction State v. Schultz, 2025 MT 142, arises from an Internet sting in which David Ray...
“Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation — Commentary...
“Two Paths for Victim-Violence Evidence” Clarifying Rule 404(a)(2) & 405(a) in Self-Defense Cases — Commentary on State v. R. Donahue, 2025 MT 144 1. Introduction In State v. Donahue the Montana...
Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147) Introduction State v. Stephen Eric...
“Restoring the Road”: Stephenson v. Lone Peak – 2025 MT 148 and the Refined Status-Quo Test for Preliminary Injunctions in Easement Disputes Introduction Stephenson v. Lone Peak, 2025 MT 148, is the...
“No Emergency of One’s Own Making” – The Montana Supreme Court Clarifies Timeliness and Factual Sufficiency for Original Jurisdiction Petitions 1. Introduction On 1 July 2025, the Supreme Court of...
Settlement Offers Do Not Waive Contractual Conditions Precedent Commentary on Kratzer Construction v. Hardy Construction Co., Inc., 2025 MT 140 Introduction In Kratzer Construction v. Hardy...
Testimony by Non-Presiding Judges and the Discretionary Weight of Guardian Ad Litem Recommendations in Montana Parenting-Plan Litigation 1. Introduction Case: In re the Marriage of Kahl & Sperano,...
Stipulations and Harmless Error: The Montana Supreme Court Refines Right-to-Counsel Violations, Tribal Transfer Motions, and ICWA Placement in In re I.R.S. & M.W.A.H. Introduction On 1 July 2025 the...
“More Than a Question”: The Montana Supreme Court Clarifies that a Mere Inquiry Is Not a Motion to Transfer under MICWA § 41-3-1310 and Re-confirms the Narrow Scope of Relative Intervention in Indian...
State v. Warr: Mandatory Second-Chance Withdrawal after Rejection of a Binding Plea Agreement under § 46-12-211(4), MCA Introduction In State v. J. Warr, 2025 MT 138, the Montana Supreme Court...
State v. Welzel: Clarifying “Under the Order of the Court” for Credit on Time Spent in Residential Treatment Facilities Introduction State v. Welzel, 2025 MT 136, is a decision of the Supreme Court...
Expanding Fee-Shifting under Montana’s UDJA: A Detailed Commentary on Upper Missouri Waterkeeper v. Broadwater County & DNRC (2025 MT 137) 1. Introduction Upper Missouri Waterkeeper, several local...