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  • Commentaries
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Montana Case Commentaries

Interpretation of "Political Actions" under § 87-1-204, MCA: Montana Supreme Court Upholds Narrow Construction

Interpretation of "Political Actions" under § 87-1-204, MCA: Montana Supreme Court Upholds Narrow Construction

Date: Jun 4, 2008
Interpretation of "Political Actions" under § 87-1-204, MCA: Montana Supreme Court Upholds Narrow Construction Introduction In the landmark case of Montana Sports Shooting Association, Inc., and Gary...
Strickland Standard Reaffirmed in Montana: Whitlow v. State of Montana

Strickland Standard Reaffirmed in Montana: Whitlow v. State of Montana

Date: Apr 23, 2008
Strickland Standard Reaffirmed in Montana: Whitlow v. State of Montana Introduction Whitlow v. State of Montana, 343 Mont. 90 (2008), is a pivotal case in Montana's appellate jurisprudence concerning...
Clarification of Motion to Dismiss Standards and Parole-Eligibility Restrictions in Montana's State v. Rosling

Clarification of Motion to Dismiss Standards and Parole-Eligibility Restrictions in Montana's State v. Rosling

Date: Feb 27, 2008
Clarification of Motion to Dismiss Standards and Parole-Eligibility Restrictions in Montana's State v. Rosling Introduction State of Montana v. Jared Lee Rosling is a significant judicial decision...
State of Montana v. Dunn: Limits on Reasonable Expectation of Privacy in Warrantless Property Searches

State of Montana v. Dunn: Limits on Reasonable Expectation of Privacy in Warrantless Property Searches

Date: Nov 14, 2007
State of Montana v. Dunn: Limits on Reasonable Expectation of Privacy in Warrantless Property Searches Introduction In State of Montana v. Charles Robert Dunn, the Supreme Court of Montana addressed...
Exigent Circumstances and Warrantless Entry in Arson Investigations: Analysis of State v. Robert L. Lewis

Exigent Circumstances and Warrantless Entry in Arson Investigations: Analysis of State v. Robert L. Lewis

Date: Nov 9, 2007
Exigent Circumstances and Warrantless Entry in Arson Investigations: Analysis of State of Montana v. Robert L. Lewis Introduction The case of State of Montana v. Robert L. Lewis, 340 Mont. 10 (2007),...
Affirmation of Consent Search and Rule 404(b) Evidence Admissibility in Negligent Homicide Cases

Affirmation of Consent Search and Rule 404(b) Evidence Admissibility in Negligent Homicide Cases

Date: Oct 20, 2007
Affirmation of Consent Search and Rule 404(b) Evidence Admissibility in Negligent Homicide Cases Introduction The case State of Montana v. Sabine Halvorson Bieber (2007) represents a significant...
Southwick v. State of Montana: Exception to Res Judicata in Criminal Sentencing

Southwick v. State of Montana: Exception to Res Judicata in Criminal Sentencing

Date: Oct 10, 2007
Southwick v. State of Montana: Exception to Res Judicata in Criminal Sentencing Introduction State of Montana v. Paul Jay Southwick is a pivotal case decided by the Supreme Court of Montana on...
Affirmation of Drug Possession Conviction: Montana Supreme Court Reiterates Standards for Ineffective Assistance and Cumulative Error

Affirmation of Drug Possession Conviction: Montana Supreme Court Reiterates Standards for Ineffective Assistance and Cumulative Error

Date: Sep 26, 2007
Affirmation of Drug Possession Conviction: Montana Supreme Court Reiterates Standards for Ineffective Assistance and Cumulative Error Introduction The case of State of Montana v. Paul Laszlo Racz...
Montana Supreme Court Reinforces Strict Compliance with §41-3-609 in Terminating Parental Rights

Montana Supreme Court Reinforces Strict Compliance with §41-3-609 in Terminating Parental Rights

Date: Sep 26, 2007
Montana Supreme Court Reinforces Strict Compliance with §41-3-609 in Terminating Parental Rights Introduction The Supreme Court of Montana, in the case of In the Matter of D.B. and D.B., Youths In...
Revising the Speedy Trial Framework: STATE OF MONTANA v. KINGSLEY ARIEGWE

Revising the Speedy Trial Framework: STATE OF MONTANA v. KINGSLEY ARIEGWE

Date: Aug 17, 2007
Revising the Speedy Trial Framework: STATE OF MONTANA v. KINGSLEY ARIEGWE Introduction In the landmark case of STATE OF MONTANA, Plaintiff and Respondent, v. KINGSLEY ARIEGWE, Defendant and Appellant...
Montana Supreme Court Establishes Flexibility in Restoration Damages Exceeding Market Value in Environmental Contamination Case

Montana Supreme Court Establishes Flexibility in Restoration Damages Exceeding Market Value in Environmental Contamination Case

Date: Aug 7, 2007
Montana Supreme Court Establishes Flexibility in Restoration Damages Exceeding Market Value in Environmental Contamination Case Introduction In the landmark case of Sunburst School District No. 2, et...
Voluntariness of Consent in Traffic Stop Searches: Montana Supreme Court's Decision in State v. Raymond Case, Jr.

Voluntariness of Consent in Traffic Stop Searches: Montana Supreme Court's Decision in State v. Raymond Case, Jr.

Date: Jul 11, 2007
Voluntariness of Consent in Traffic Stop Searches: Montana Supreme Court's Decision in State v. Raymond Case, Jr. Introduction In the landmark case of State of Montana v. Raymond Case, Jr. (2007),...
Cenex Harvest States Cooperatives v. Baker Revocable Trust: Clarifying Easement Interpretation and Contract Ambiguity in Montana Law

Cenex Harvest States Cooperatives v. Baker Revocable Trust: Clarifying Easement Interpretation and Contract Ambiguity in Montana Law

Date: Jun 28, 2007
Cenex Harvest States Cooperatives v. Baker Revocable Trust: Clarifying Easement Interpretation and Contract Ambiguity in Montana Law Introduction In the landmark case of The Mary J. Baker Revocable...
Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez

Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez

Date: May 9, 2007
Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez Introduction In the landmark case of The State of Montana v. Robert Michael...
State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings

State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings

Date: Mar 14, 2007
State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings Introduction The case of State of Montana v. Stephen Seals (336 Mont. 416) serves as a pivotal...
Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case

Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case

Date: Mar 13, 2007
Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case Introduction The case of Seltzer v. Morton W. Steve Seltzer before the Supreme Court of Montana...
Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State v. Kotwicki

Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State v. Kotwicki

Date: Jan 25, 2007
Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State of Montana v. Kotwicki Introduction In the landmark case of State of Montana v. Ramon Kotwicki, the Supreme...
Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court Cascade County

Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court Cascade County

Date: Oct 6, 2006
Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court, Cascade County Introduction The case of Steve L. Rios and The Office of State Public Defender v. Justice Court,...
Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections

Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections

Date: Oct 3, 2006
Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections Introduction In the landmark case of State of Montana v. Jason Lucas Garrymore, the...
Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton

Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton

Date: Sep 20, 2006
Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton Introduction The case of State of Montana v. Michael H....
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