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  • Commentaries
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Montana Case Commentaries

Reformation of Bid Contracts under Montana Law: Oftedal v. State of Montana

Reformation of Bid Contracts under Montana Law: Oftedal v. State of Montana

Date: Jan 15, 2002
Reformation of Bid Contracts under Montana Law: Oftedal v. State of Montana Introduction Case: E. H. Oftedal and Sons, Inc. v. The State of Montana Court: Supreme Court of Montana Date: January 14,...
Hot Pursuit Doctrine Extended into Indian Country: Montana Supreme Court's Decision in City of Cut Bank v. Daniel Bird

Hot Pursuit Doctrine Extended into Indian Country: Montana Supreme Court's Decision in City of Cut Bank v. Daniel Bird

Date: Dec 28, 2001
Hot Pursuit Doctrine Extended into Indian Country: Montana Supreme Court's Decision in City of Cut Bank v. Daniel Bird Introduction The case of City of Cut Bank v. Daniel Bird addresses crucial...
Montana Supreme Court Establishes Stricter Standards for Warrantless Searches Incident to Arrest

Montana Supreme Court Establishes Stricter Standards for Warrantless Searches Incident to Arrest

Date: Dec 11, 2001
Montana Supreme Court Establishes Stricter Standards for Warrantless Searches Incident to Arrest Introduction In the landmark case of State of Montana v. Jason Hardaway, decided on December 10, 2001,...
Montana Supreme Court Clarifies District Court Authority in Resentencing Upon Revocation of Suspended Sentences

Montana Supreme Court Clarifies District Court Authority in Resentencing Upon Revocation of Suspended Sentences

Date: Oct 23, 2001
Montana Supreme Court Clarifies District Court Authority in Resentencing Upon Revocation of Suspended Sentences Introduction In the landmark case State of Montana v. Craig William Frazier, 306 Mont....
State of Montana v. Van Kirk: Establishing a New Harmless Error Standard

State of Montana v. Van Kirk: Establishing a New Harmless Error Standard

Date: Sep 7, 2001
State of Montana v. Van Kirk: Establishing a New Harmless Error Standard Supreme Court of Montana, 2001 Introduction In State of Montana v. Van Kirk (306 Mont. 215, 2001), the Supreme Court of...
Montana Supreme Court Refines Easement Scope: Guthrie v. Hardy

Montana Supreme Court Refines Easement Scope: Guthrie v. Hardy

Date: Jul 24, 2001
Montana Supreme Court Refines Easement Scope: Guthrie v. Hardy Introduction The case of Joseph A. Guthrie, Jr., and Carol W. Guthrie v. Brett F. Hardy presents a pivotal moment in Montana property...
Affirmation of Convictions for Attempted Deliberate Homicide, Escape, and Felony Assault in State of Montana v. Martin; Reversal of Felony Theft Conviction

Affirmation of Convictions for Attempted Deliberate Homicide, Escape, and Felony Assault in State of Montana v. Martin; Reversal of Felony Theft Conviction

Date: May 11, 2001
Affirmation of Convictions for Attempted Deliberate Homicide, Escape, and Felony Assault in State of Montana v. Martin; Reversal of Felony Theft Conviction Introduction State of Montana v. James Gene...
Mandatory Probable Cause Hearings in Probation Revocations: Insights from STATE OF MONTANA v. BRYAN GOEBEL

Mandatory Probable Cause Hearings in Probation Revocations: Insights from STATE OF MONTANA v. BRYAN GOEBEL

Date: Apr 27, 2001
Mandatory Probable Cause Hearings in Probation Revocations: Insights from STATE OF MONTANA v. BRYAN GOEBEL Introduction The landmark case of STATE OF MONTANA v. BRYAN GOEBEL, decided by the Supreme...
Affirmation of Sanctions for Vexatious Multiplication of Legal Proceedings Under § 37-61-421 MCA

Affirmation of Sanctions for Vexatious Multiplication of Legal Proceedings Under § 37-61-421 MCA

Date: Mar 23, 2001
Affirmation of Sanctions for Vexatious Multiplication of Legal Proceedings Under § 37-61-421 MCA Introduction The case IN THE MATTER OF THE ESTATE OF SHIRLEY L. BAYERS, A Protected Person (No....
Supreme Court of Montana Establishes Boundaries on Municipal Ordinances Affecting Judicial Independence

Supreme Court of Montana Establishes Boundaries on Municipal Ordinances Affecting Judicial Independence

Date: Mar 21, 2001
Supreme Court of Montana Establishes Boundaries on Municipal Ordinances Affecting Judicial Independence Introduction In the landmark case of Patricia Carlson v. City of Bozeman, the Supreme Court of...
Investigatory Stops and Canine Sniffs: Establishing Limits under Montana Law

Investigatory Stops and Canine Sniffs: Establishing Limits under Montana Law

Date: Dec 13, 2000
Investigatory Stops and Canine Sniffs: Establishing Limits under Montana Law Introduction State of Montana v. Debbie Carlson is a pivotal case adjudicated by the Supreme Court of Montana on December...
Application of Savings Clause in Statute of Limitations: Fisher v. First Citizens Bank

Application of Savings Clause in Statute of Limitations: Fisher v. First Citizens Bank

Date: Dec 8, 2000
Application of Savings Clause in Statute of Limitations: Fisher v. First Citizens Bank Introduction In the landmark case of Harry Fisher v. First Citizens Bank, the Supreme Court of Montana addressed...
Montana Supreme Court Enhances Privacy Protections in Vehicular Searches: State v. Elison

Montana Supreme Court Enhances Privacy Protections in Vehicular Searches: State v. Elison

Date: Nov 17, 2000
Montana Supreme Court Enhances Privacy Protections in Vehicular Searches: State v. Elison Introduction In State of Montana v. Gregory Elison (302 Mont. 228, 2000), the Supreme Court of Montana...
Montana Supreme Court Affirms Requirement of Particularized Suspicion in Traffic Stops

Montana Supreme Court Affirms Requirement of Particularized Suspicion in Traffic Stops

Date: Oct 3, 2000
Montana Supreme Court Affirms Requirement of Particularized Suspicion in Traffic Stops Introduction In State of Montana v. Scott David Farabee (302 Mont. 29), the Supreme Court of Montana addressed...
Montana Supreme Court Establishes Judicial Autonomy Over District Court Reporters

Montana Supreme Court Establishes Judicial Autonomy Over District Court Reporters

Date: Sep 27, 2000
Montana Supreme Court Establishes Judicial Autonomy Over District Court Reporters Introduction The case of Board of County Commissioners of Lewis and Clark County v. Montana First Judicial District...
Interpretation of "PURCHASER'S Profit" in Contract for Deeds: Establishing New Precedents in Montana Law

Interpretation of "PURCHASER'S Profit" in Contract for Deeds: Establishing New Precedents in Montana Law

Date: Sep 22, 2000
Interpretation of "PURCHASER'S Profit" in Contract for Deeds: Establishing New Precedents in Montana Law Introduction The case of Lyle K. Opus and Barbara M. Opus v. Robert Fritz and Norma Fritz,...
Establishing Public Highway Status and Preserving Easement Rights: A Comprehensive Analysis of McCauley et al. v. Thompson-Nistler et al.

Establishing Public Highway Status and Preserving Easement Rights: A Comprehensive Analysis of McCauley et al. v. Thompson-Nistler et al.

Date: Aug 11, 2000
Establishing Public Highway Status and Preserving Easement Rights: A Comprehensive Analysis of McCauley et al. v. Thompson-Nistler et al. Introduction The case of McCauley et al. v. Thompson-Nistler...
Foreseeability Determines Duty in Negligence: Poole v. Poole

Foreseeability Determines Duty in Negligence: Poole v. Poole

Date: May 5, 2000
Foreseeability Determines Duty in Negligence: Poole v. Poole Introduction In the landmark case of Mary Poole, Guardian and Conservator for minor child, David Meyer, Jr. v. Donald Poole, decided by...
Temporary Investigative Authority and Protective Services in Child Welfare: Montana Supreme Court Affirms District Court’s Decision

Temporary Investigative Authority and Protective Services in Child Welfare: Montana Supreme Court Affirms District Court’s Decision

Date: Feb 16, 2000
Temporary Investigative Authority and Protective Services in Child Welfare: Montana Supreme Court Affirms District Court’s Decision Introduction The case In the Matter of B.P. and A.P., Youths in...
Affirmation of Express Easements by Reservation in Subdivision Plats: Virginia City Ranches Decision

Affirmation of Express Easements by Reservation in Subdivision Plats: Virginia City Ranches Decision

Date: Jan 21, 2000
Affirmation of Express Easements by Reservation in Subdivision Plats: Virginia City Ranches Decision Introduction In the landmark case of Carl and Barbara Pearson et al. v. Virginia City Ranches...
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