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  • Commentaries
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Montana Case Commentaries

Smith v. County of Missoula: Clarifying Sheriff's Discretion in Concealed Weapon Permit Denials

Smith v. County of Missoula: Clarifying Sheriff's Discretion in Concealed Weapon Permit Denials

Date: Dec 24, 1999
Smith v. County of Missoula: Clarifying Sheriff's Discretion in Concealed Weapon Permit Denials Introduction Smith v. County of Missoula is a landmark decision by the Supreme Court of Montana,...
Preservation of Privacy After Fire-Related Entries: Montana Supreme Court Establishes Limits on Warrantless Police Searches

Preservation of Privacy After Fire-Related Entries: Montana Supreme Court Establishes Limits on Warrantless Police Searches

Date: May 25, 1999
Preservation of Privacy After Fire-Related Entries: Montana Supreme Court Establishes Limits on Warrantless Police Searches Introduction STATE OF MONTANA v. STEPHEN LEWIS BASSETT is a landmark...
Establishing Particularized Suspicion: State of Montana v. Leonard Leroy Roberts

Establishing Particularized Suspicion: State of Montana v. Leonard Leroy Roberts

Date: Mar 26, 1999
Establishing Particularized Suspicion: State of Montana v. Leonard Leroy Roberts Introduction State of Montana v. Leonard Leroy Roberts is a pivotal case adjudicated by the Supreme Court of Montana...
Duty to Notify Insureds of Policy Changes: Montana Supreme Court Establishes New Precedent

Duty to Notify Insureds of Policy Changes: Montana Supreme Court Establishes New Precedent

Date: Jan 1, 1999
Duty to Notify Insureds of Policy Changes: Montana Supreme Court Establishes New Precedent Introduction The case of Peter J. Thomas and Leonard L. Thomas, doing business as Stan Sons Plumbing...
State v. Jarman: Defining the Limits of Particularized Suspicion in Vehicle Stops

State v. Jarman: Defining the Limits of Particularized Suspicion in Vehicle Stops

Date: Nov 13, 1998
State v. Jarman: Defining the Limits of Particularized Suspicion in Vehicle Stops Introduction State of Montana v. Chester Jarman is a landmark case adjudicated by the Supreme Court of Montana on...
Probable Cause Standards for Out-of-Jurisdiction Police Stops: State v. Williamson

Probable Cause Standards for Out-of-Jurisdiction Police Stops: State v. Williamson

Date: Aug 14, 1998
Probable Cause Standards for Out-of-Jurisdiction Police Stops: State v. Williamson Introduction State of Montana v. Russell Lee Williamson ([290 Mont. 321](#)), adjudicated by the Supreme Court of...
Accountability in Deliberate Homicide: Affirming Conviction Based on Circumstantial Evidence

Accountability in Deliberate Homicide: Affirming Conviction Based on Circumstantial Evidence

Date: Jul 16, 1998
Accountability in Deliberate Homicide: Affirming Conviction Based on Circumstantial Evidence Introduction The case of State of Montana v. Jerry Lantis (289 Mont. 480) adjudicated by the Supreme Court...
Field Sobriety Tests Constitute Searches Requiring Particularized Suspicion: Analysis of Mary Iris Hulse v. State of Montana

Field Sobriety Tests Constitute Searches Requiring Particularized Suspicion: Analysis of Mary Iris Hulse v. State of Montana

Date: May 6, 1998
Field Sobriety Tests Constitute Searches Requiring Particularized Suspicion: Analysis of Mary Iris Hulse v. State of Montana Introduction The case of Mary Iris Hulse v. State of Montana addresses...
Exigent Circumstances in Warrantless Searches: Insights from State v. Wakeford

Exigent Circumstances in Warrantless Searches: Insights from State v. Wakeford

Date: Jan 31, 1998
Exigent Circumstances in Warrantless Searches: Insights from State of Montana v. Wakeford Introduction The case of State of Montana v. Daniel Allan Wakeford, decided by the Supreme Court of Montana...
Procedural Pathways for Appealing Judicial Orders: Analysis of In Re District Court Budget Order, 287 Mont. 137

Procedural Pathways for Appealing Judicial Orders: Analysis of In Re District Court Budget Order, 287 Mont. 137

Date: Jan 14, 1998
Procedural Pathways for Appealing Judicial Orders: Analysis of In Re District Court Budget Order, 287 Mont. 137 Introduction The case In Re District Court Budget Order, adjudicated by the Supreme...
Montana Supreme Court Establishes Insurer's Obligation to Pay Medical Expenses When Liability is Reasonably Clear under MCA § 33-18-201

Montana Supreme Court Establishes Insurer's Obligation to Pay Medical Expenses When Liability is Reasonably Clear under MCA § 33-18-201

Date: Dec 25, 1997
Montana Supreme Court Establishes Insurer's Obligation to Pay Medical Expenses When Liability is Reasonably Clear under MCA § 33-18-201 Introduction In Keith Ridley v. Guaranty National Insurance...
Retroactive Consent Does Not Validate Unlawful Searches: Insights from STATE OF MONTANA v. HUBBEL

Retroactive Consent Does Not Validate Unlawful Searches: Insights from STATE OF MONTANA v. HUBBEL

Date: Dec 19, 1997
Retroactive Consent Does Not Validate Unlawful Searches: Insights from STATE OF MONTANA v. HUBBEL Introduction STATE OF MONTANA v. Wesley Carter Hubbel (286 Mont. 200) is a seminal case in Montana's...
Reaffirming Investigatory Stop Standards and DUI Conviction Considerations in STATE OF MONTANA v. KENT JAMES PRATT

Reaffirming Investigatory Stop Standards and DUI Conviction Considerations in STATE OF MONTANA v. KENT JAMES PRATT

Date: Dec 17, 1997
Reaffirming Investigatory Stop Standards and DUI Conviction Considerations in STATE OF MONTANA v. KENT JAMES PRATT Introduction STATE OF MONTANA v. KENT JAMES PRATT, 286 Mont. 156 (1997), is a...
Montana Privacy Protection Enhanced: State v. Nelson Establishes Probable Cause Requirement for Investigative Subpoenas of Medical Records

Montana Privacy Protection Enhanced: State v. Nelson Establishes Probable Cause Requirement for Investigative Subpoenas of Medical Records

Date: Jun 25, 1997
Montana Privacy Protection Enhanced: State v. Nelson Establishes Probable Cause Requirement for Investigative Subpoenas of Medical Records Introduction State of Montana v. James Nelson, 283 Mont. 231...
Judicial Discretion in Maintenance Awards: Comprehensive Analysis of In Re The Marriage of Shawn Lee et al.

Judicial Discretion in Maintenance Awards: Comprehensive Analysis of In Re The Marriage of Shawn Lee et al.

Date: May 14, 1997
Judicial Discretion in Maintenance Awards: Comprehensive Analysis of In Re The Marriage of Shawn Lee, Petitioner and Respondent, and Lisa Kerry Lee, Respondent and Appellant. Introduction The case of...
Establishment of Private Prescriptive Easements in Montana: Kessinger v. Matulevich

Establishment of Private Prescriptive Easements in Montana: Kessinger v. Matulevich

Date: Oct 23, 1996
Establishment of Private Prescriptive Easements in Montana: Kessinger v. Matulevich Introduction Kessinger v. Matulevich is a landmark case adjudicated by the Supreme Court of Montana on October 22,...
Equitable Distribution in Marital Dissolution: Analysis of In Re Marriage of Adrian G. Walls

Equitable Distribution in Marital Dissolution: Analysis of In Re Marriage of Adrian G. Walls

Date: Oct 19, 1996
Equitable Distribution in Marital Dissolution: Analysis of In Re Marriage of Adrian G. Walls Introduction The case of In Re the Marriage of Adrian G. Walls addresses pivotal issues surrounding the...
Probationary Searches and the "Fruit of the Poisonous Tree": Insights from State v. New

Probationary Searches and the "Fruit of the Poisonous Tree": Insights from State v. New

Date: Jun 5, 1996
Probationary Searches and the "Fruit of the Poisonous Tree": Insights from State v. New Introduction The case of State of Montana v. Douglas Leroy New, decided by the Supreme Court of Montana in...
Foreseeability and Proximate Cause in Montana Negligence Law: Busta v. Columbus Hospital Corp.

Foreseeability and Proximate Cause in Montana Negligence Law: Busta v. Columbus Hospital Corp.

Date: May 11, 1996
Foreseeability and Proximate Cause in Montana Negligence Law: Busta v. Columbus Hospital Corp. Introduction The case of Ida O. Busta v. Columbus Hospital Corporation (276 Mont. 342) serves as a...
State v. Finley: Montana Supreme Court Refines Plain Error Doctrine and Reinforces Counsel Effectiveness Standards

State v. Finley: Montana Supreme Court Refines Plain Error Doctrine and Reinforces Counsel Effectiveness Standards

Date: Apr 17, 1996
State v. Finley: Montana Supreme Court Refines Plain Error Doctrine and Reinforces Counsel Effectiveness Standards Introduction In the landmark case of State of Montana v. Daniel Felix Finley, the...
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