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  • Commentaries
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Montana Case Commentaries

Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez

Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez

Date: May 9, 2007
Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez Introduction In the landmark case of The State of Montana v. Robert Michael...
State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings

State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings

Date: Mar 14, 2007
State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings Introduction The case of State of Montana v. Stephen Seals (336 Mont. 416) serves as a pivotal...
Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case

Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case

Date: Mar 13, 2007
Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case Introduction The case of Seltzer v. Morton W. Steve Seltzer before the Supreme Court of Montana...
Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State v. Kotwicki

Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State v. Kotwicki

Date: Jan 25, 2007
Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State of Montana v. Kotwicki Introduction In the landmark case of State of Montana v. Ramon Kotwicki, the Supreme...
Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court Cascade County

Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court Cascade County

Date: Oct 6, 2006
Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court, Cascade County Introduction The case of Steve L. Rios and The Office of State Public Defender v. Justice Court,...
Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections

Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections

Date: Oct 3, 2006
Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections Introduction In the landmark case of State of Montana v. Jason Lucas Garrymore, the...
Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton

Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton

Date: Sep 20, 2006
Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton Introduction The case of State of Montana v. Michael H....
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...
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