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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Validates Holographic Will and Asserts Jurisdiction Over Estate Proceedings Despite Inadequate Notice in Foreign Probate

Montana Supreme Court Validates Holographic Will and Asserts Jurisdiction Over Estate Proceedings Despite Inadequate Notice in Foreign Probate

Date: Sep 14, 2006
Montana Supreme Court Validates Holographic Will and Asserts Jurisdiction Over Estate Proceedings Despite Inadequate Notice in Foreign Probate Introduction In the landmark case of In the Matter of...
Probable Cause Standards Reinforced in STATE OF MONTANA v. EDWARD ELLINGTON

Probable Cause Standards Reinforced in STATE OF MONTANA v. EDWARD ELLINGTON

Date: Sep 7, 2006
Probable Cause Standards Reinforced in State of Montana v. Edward Ellington Introduction In State of Montana v. Edward Ellington, the Supreme Court of Montana addressed critical issues surrounding...
State of Montana v. Robert Louis Meza: Establishing Standards for Vehicle Stops and Canine Searches

State of Montana v. Robert Louis Meza: Establishing Standards for Vehicle Stops and Canine Searches

Date: Aug 30, 2006
State of Montana v. Robert Louis Meza: Establishing Standards for Vehicle Stops and Canine Searches Introduction The case State of Montana, Plaintiff and Respondent, v. Robert Louis Meza, Defendant...
Germann v. City of Whitefish: Establishing Limits on Property Interest and Immunity in Conditional Use Permits

Germann v. City of Whitefish: Establishing Limits on Property Interest and Immunity in Conditional Use Permits

Date: Jun 14, 2006
Germann v. City of Whitefish: Establishing Limits on Property Interest and Immunity in Conditional Use Permits Introduction In the landmark case of Shelley Germann v. Gary Stephens et al., the...
Fair Sentencing Practices Reinforced: STATE OF MONTANA v. PACER FERGUSON Commentary

Fair Sentencing Practices Reinforced: STATE OF MONTANA v. PACER FERGUSON Commentary

Date: Dec 29, 2005
Fair Sentencing Practices Reinforced: STATE OF MONTANA v. PACER FERGUSON Commentary Introduction In the case of State of Montana v. Pacer Ferguson, the Supreme Court of Montana addressed multiple...
Reaffirmation of the Community Caretaker Doctrine in DUI Stops

Reaffirmation of the Community Caretaker Doctrine in DUI Stops

Date: Dec 7, 2005
Reaffirmation of the Community Caretaker Doctrine in DUI Stops Introduction The case of State of Montana v. Tammie Seaman revolves around the application of the Community Caretaker Doctrine in the...
Sufficiency of Evidence in Theft Convictions: Insights from State of Montana v. Kelley

Sufficiency of Evidence in Theft Convictions: Insights from State of Montana v. Kelley

Date: Aug 17, 2005
Sufficiency of Evidence in Theft Convictions: Insights from State of Montana v. Kelley Introduction The case of State of Montana v. Thomas Michael Kelley (328 Mont. 187) adjudicated by the Supreme...
Clarification of Voluntariness in Guilty Plea Withdrawals: Montana Supreme Court in State v. Warclub

Clarification of Voluntariness in Guilty Plea Withdrawals: Montana Supreme Court in State v. Warclub

Date: Jun 15, 2005
Clarification of Voluntariness in Guilty Plea Withdrawals: Montana Supreme Court in State v. Warclub Introduction In State of Montana v. Warren Warclub, 327 Mont. 352 (2005), the Supreme Court of...
Interpretation of "Sudden and Accidental" in CGL Policies: Travelers Casualty v. Ribi Immunochem Research

Interpretation of "Sudden and Accidental" in CGL Policies: Travelers Casualty v. Ribi Immunochem Research

Date: Mar 2, 2005
Interpretation of "Sudden and Accidental" in CGL Policies: Travelers Casualty v. Ribi Immunochem Research Introduction The case of Travelers Casualty and Surety Company v. Ribi Immunochem Research,...
Termination of Irrevocable Trusts and Custodial Determinations in Divorce: Insights from In re the Marriage of Yvonne S. Epperson

Termination of Irrevocable Trusts and Custodial Determinations in Divorce: Insights from In re the Marriage of Yvonne S. Epperson

Date: Feb 24, 2005
Termination of Irrevocable Trusts and Custodial Determinations in Divorce: Insights from In re the Marriage of Yvonne S. Epperson Introduction In re the Marriage of Yvonne S. Epperson is a pivotal...
Montana Supreme Court Establishes Standards for Assessing Prosecutorial Misconduct and Ineffective Assistance of Counsel in Postconviction Relief

Montana Supreme Court Establishes Standards for Assessing Prosecutorial Misconduct and Ineffective Assistance of Counsel in Postconviction Relief

Date: Feb 16, 2005
Montana Supreme Court Establishes Standards for Assessing Prosecutorial Misconduct and Ineffective Assistance of Counsel in Postconviction Relief Introduction The case of Amuir Sekou Clausell v....
Montana Supreme Court Establishes Retroactive Application of Hardy Decision in Dempsey v. Allstate

Montana Supreme Court Establishes Retroactive Application of Hardy Decision in Dempsey v. Allstate

Date: Dec 31, 2004
Montana Supreme Court Establishes Retroactive Application of Hardy Decision in Dempsey v. Allstate Introduction In Dempsey v. Allstate Insurance Company, the Supreme Court of Montana addressed a...
Strict Particularity in Search Warrants for Personal Residences: Insights from STATE OF MONTANA v. JOHN EDWARD GRAHAM

Strict Particularity in Search Warrants for Personal Residences: Insights from STATE OF MONTANA v. JOHN EDWARD GRAHAM

Date: Dec 29, 2004
Strict Particularity in Search Warrants for Personal Residences: Insights from STATE OF MONTANA v. JOHN EDWARD GRAHAM Introduction The case STATE OF MONTANA v. JOHN EDWARD GRAHAM, decided by the...
Affirmation of Felony-Murder Doctrine and Corroboration Standards: State of Montana v. Richard Earl Burkhart

Affirmation of Felony-Murder Doctrine and Corroboration Standards: State of Montana v. Richard Earl Burkhart

Date: Dec 24, 2004
Affirmation of Felony-Murder Doctrine and Corroboration Standards: State of Montana v. Richard Earl Burkhart Introduction In State of Montana v. Richard Earl Burkhart (325 Mont. 27), the Supreme...
Montana Supreme Court Clarifies Admissibility Standards of Preliminary Alcohol Screening Tests in DUI Cases

Montana Supreme Court Clarifies Admissibility Standards of Preliminary Alcohol Screening Tests in DUI Cases

Date: Nov 24, 2004
Montana Supreme Court Clarifies Admissibility Standards of Preliminary Alcohol Screening Tests in DUI Cases Introduction In the landmark case of State of Montana v. Kenneth Snell, 324 Mont. 173...
Defining the Limits of Jury Instructions by Bailiffs: Steele v. State Sets Important Precedent

Defining the Limits of Jury Instructions by Bailiffs: Steele v. State Sets Important Precedent

Date: Oct 6, 2004
Defining the Limits of Jury Instructions by Bailiffs: Steele v. State Sets Important Precedent Introduction In the landmark case of State of Montana v. Dustin Steele, 323 Mont. 204 (2004), the...
Ineffective Assistance of Counsel in Accomplice Testimony: Montana Supreme Court Reverses Kougl's Conviction

Ineffective Assistance of Counsel in Accomplice Testimony: Montana Supreme Court Reverses Kougl's Conviction

Date: Sep 9, 2004
Ineffective Assistance of Counsel in Accomplice Testimony: Montana Supreme Court Reverses Kougl's Conviction Introduction In the landmark case State of Montana v. Mark Robert Kougl, the Supreme Court...
Rebekah Michelle Smith v. State of Montana: Redefining Expectations of Privacy in Shared Residences

Rebekah Michelle Smith v. State of Montana: Redefining Expectations of Privacy in Shared Residences

Date: Sep 1, 2004
Rebekah Michelle Smith v. State of Montana: Redefining Expectations of Privacy in Shared Residences Introduction In the landmark case of State of Montana v. Rebekah Michelle Smith (322 Mont. 466,...
Enhanced Due Process in Prosecutorial Conduct: Insights from State of Montana v. Tracey Raymond Godfrey

Enhanced Due Process in Prosecutorial Conduct: Insights from State of Montana v. Tracey Raymond Godfrey

Date: Jul 29, 2004
Enhanced Due Process in Prosecutorial Conduct: Insights from State of Montana v. Tracey Raymond Godfrey Introduction State of Montana v. Tracey Raymond Godfrey, 322 Mont. 254 (2004), is a landmark...
Voluntary Consent and the End of an Investigatory Stop: Analysis of State v. Merrill

Voluntary Consent and the End of an Investigatory Stop: Analysis of State v. Merrill

Date: Jun 30, 2004
Voluntary Consent and the End of an Investigatory Stop: Analysis of State of Montana v. Merrill Introduction State of Montana, Plaintiff and Respondent, v. China Blue Merrill, Defendant and Appellant...
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