Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin Introduction In the noncitable memorandum decision In re Marriage of Martin (2025 MT 94N), the Supreme Court of Montana...
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA Introduction State v. Bloomer, 2025 MT 93 (Mont. 2025), considers whether a district court may impose the...
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct Introduction The Supreme Court of Montana’s decision in Groenke v. Gabriel, 2025 MT 91, extends the...
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker Introduction In State v. James Houston Parker (2025 MT 92), the Supreme Court of Montana confronted the proper mental-state...
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections Introduction State of Montana v. Cheyene Leilani-Amber Zielie (2025 MT 90) addresses two related...
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees Introduction In Marriage of Urell, 2025 MT 95N, the Supreme Court of Montana reviewed a...
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers Introduction In Guardianship of A.D.H., the Supreme Court of Montana addressed whether a guardianship...
Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation Introduction The Montana Supreme Court’s decision in State v. Loera, 2025 MT 84, clarifies two important...
Judicial Limits on Post-Plea Charge Modification: State v. Partain Introduction The Supreme Court of Montana’s decision in State v. Partain (2025 MT 83) addresses fundamental questions about the...
Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements Introduction Clark v. State, 2025 MT 87, is a decision of the Supreme Court of Montana addressing...
Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees Introduction This commentary examines the Supreme Court of Montana’s decision in City of Missoula v. S....
Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance Introduction In Seymour v. State, 2025 MT 88, the Supreme Court of Montana addressed whether a plaintiff in a...
Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet Introduction In Estate of Richard E. Paul (2025 MT 86), the Montana Supreme Court...
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law Introduction This commentary examines the Supreme Court of Montana’s decision in Estate of Estel Neven Zugg (2025...
Strict Compliance with Montana Service-of-Process Rules: Warner v. State Introduction Warner v. State, decided by the Supreme Court of Montana on April 22, 2025 (2025 MT 80N), arose from a pro se...
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge Introduction In State v. Rutledge, 2025 MT 79N, the Supreme Court of Montana addressed...
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations Introduction In Matter of L.S., Youth (2025 MT 77), the Supreme Court of Montana considered whether a...
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law Introduction In Choteau Acantha Publishing, Inc. and Montana Free Press v. Greg Gianforte and Jennifer Stutz (2025 MT 76),...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...