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  • Commentaries
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Montana Case Commentaries

Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert

Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert

Date: May 9, 2018
Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert Introduction State of Montana v. Richard Douglas Reinert, 391 Mont. 263 (2018), is a pivotal case adjudicated by the...
Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use

Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use

Date: Apr 4, 2018
Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use Introduction In the landmark case Quarter Circle JP Ranch, LLC; Wally Papez and Aretta Papez v. Barbara Jerde...
Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices

Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices

Date: Mar 14, 2018
Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices Introduction Marcia Marshall (hereinafter "Marshall") appealed a decision from the Sixth Judicial District,...
Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer

Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer

Date: Feb 7, 2018
Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer Introduction STATE of Montana v....
Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation

Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation

Date: Nov 15, 2017
Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation Introduction The Supreme Court of Montana's decision in Quigley v. Beck (389 Mont. 283,...
Insufficient Information Provided for Comprehensive Legal Commentary

Insufficient Information Provided for Comprehensive Legal Commentary

Date: Nov 1, 2017
Insufficient Information Provided for Comprehensive Legal Commentary Introduction The task of providing an in-depth and structured commentary on the judicial decision of State of Montana v. Adam...
Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company

Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company

Date: Oct 4, 2017
Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company Introduction The case of Danreuther Ranches, Claimant v. Farmers...
State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops

State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops

Date: Sep 22, 2017
State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops Introduction In the landmark case of State of Montana v. Steven Todd Hoover, the Supreme...
Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence

Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence

Date: Sep 6, 2017
Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence Introduction In State of Montana v. Daryl E. Strang (388 Mont....
Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA

Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA

Date: Aug 23, 2017
Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA Introduction In the case of Jeffrey R. Folsom v. Montana Public Employees' Association, Inc....
Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie

Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie

Date: Aug 9, 2017
Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie Introduction In State v. Golie, 388 Mont. 252 (2017), the Supreme Court of Montana addressed significant...
Affirming Fair Trial Standards: Insights from State v. Stutzman

Affirming Fair Trial Standards: Insights from State v. Stutzman

Date: Jul 7, 2017
Affirming Fair Trial Standards: Insights from State v. Stutzman Introduction State of Montana v. Michael Robert Stutzman is a significant case adjudicated by the Supreme Court of the State of Montana...
Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman

Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman

Date: May 31, 2017
Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman Introduction In State of Montana v. Jeffrey Bruce Lackman, the Supreme Court of the State...
Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty

Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty

Date: Mar 8, 2017
Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty Introduction In HU Beaver, Patsy Beaver, Plaintiffs, Appellees and Cross-Appellants, Dennis Duty, Plaintiff and...
Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles

Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles

Date: Dec 29, 2016
Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles Introduction The case of United States of America (Bureau of Land Management) vs. Barthelmess...
Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments

Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments

Date: Dec 28, 2016
Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments Introduction In the landmark case of State of Montana v. William James Lawrence (386 Mont. 86, 2016), the Supreme...
Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr.

Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr.

Date: Dec 7, 2016
Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr. Introduction The case of STATE of Montana v. Kelly Ray Massey, Jr., decided by the...
Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce

Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce

Date: Nov 30, 2016
Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce Introduction State of Montana v. Robert Pierce, 385 Mont. 439...
Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations

Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations

Date: Nov 4, 2016
Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations Introduction The case Granite County Board of Commissioners v. Esther J....
Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions

Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions

Date: Oct 12, 2016
Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions Introduction Citizens for a...
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