Montana Case Commentaries

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

Date: Jun 10, 2025

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks Introduction Mullee v. Winter Sports, Inc., 2025 MT 113, is a Supreme Court of Montana decision clarifying the limits of a ski operator’s...

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Date: Jun 10, 2025

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases Introduction State of Montana v. Darren Charles DeMarie (2025 MT 115) arises from a bench trial in Powell...

Clarifying the Elements and Limits of Intimidation: State v. T. Dellar

Date: May 28, 2025

Clarifying the Elements and Limits of Intimidation: State v. T. Dellar Introduction State of Montana v. Tommy Jonathan Seth Dellar, decided May 27, 2025, by the Supreme Court of Montana, establishes...

Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions

Date: May 28, 2025

Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions Introduction State v. Roberts, 2025 MT 110 (Mont. 2025), presents two interrelated...

Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Date: May 28, 2025

Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority Introduction This commentary examines the Supreme Court of Montana’s decision in Z.M.L. v....

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

Date: May 28, 2025

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent Introduction The Supreme Court of Montana reviewed the appeal of Donna Elizabeth...

Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Date: May 21, 2025

Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor Introduction In Stalowy v. Missoula Manor Home, 2025 MT 108N, decided May 20, 2025, the Montana...

Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Date: May 21, 2025

Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences Introduction In State v. Robert Ronald Brady, 2025 MT 105, the Supreme Court of Montana...

Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Date: May 21, 2025

Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases Introduction The Supreme Court of Montana in State v. Paul Kermit Gysler (2025...

Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Date: May 21, 2025

Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths 1. Introduction The Supreme Court of Montana’s decision in State of Montana v. Joseph Edward Knowles, 2025 MT...

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Date: May 14, 2025

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Date: May 14, 2025

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings Introduction Williams v. Green, 2025 MT 102 (Mont. May 13, 2025), presents an important interpretive ruling...

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Date: May 14, 2025

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations Introduction State of Montana v. William James Pillans (2025 MT 100) is a Supreme Court of Montana decision clarifying...

State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

Date: May 14, 2025

State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence Introduction In State v. Ament, 2025 MT 97, the Supreme Court of Montana addressed...

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Date: May 14, 2025

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases Introduction Matter of D.L.L. & J.T.L., 2025 MT 98 (Mont. 2025), is a Supreme Court of Montana...

Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Date: May 14, 2025

Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W. Introduction In In the Matter of M.H.W. (2025 MT 96), the Supreme Court of Montana addressed whether a...

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Date: May 14, 2025

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action Introduction Grosvold v. Neely, 2025 MT 99 (Mont. 2025), arose from a dispute...

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...