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  • Commentaries
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Montana Case Commentaries

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...
Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering

Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering

Date: Jun 16, 2004
Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering Introduction State of Montana v. Clifford Lee Stone is...
Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples

Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples

Date: Apr 28, 2004
Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples Introduction In the landmark case of Farmers Union Mutual Insurance Company v. Raymond Staples (321 Mont. 99, decided on...
Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental

Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental

Date: Apr 21, 2004
Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental Introduction The case of KAREN...
Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al.

Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al.

Date: Apr 15, 2004
Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al. Introduction The case of POUWEL and MIRIAM GELDERLOOS v. ROXANNE DUKE, et al., adjudicated by the Supreme...
Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County

Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County

Date: Mar 17, 2004
Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County Introduction Robert Lee v. Musselshell County is a landmark case decided by the...
Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease

Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease

Date: Mar 12, 2004
Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease Introduction The In re the Marriage of Robert Mease and Brenda...
Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large

Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large

Date: Nov 26, 2003
Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large Introduction The case of City of Whitefish v. Melissa Large, decided by the Supreme Court of Montana on...
Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark

Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark

Date: Jun 20, 2003
Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark Introduction The case of In Re the Marriage of Donald William Clark and Sharon Dale Clark,...
Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops

Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops

Date: Apr 30, 2003
Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops Introduction The Supreme Court of Montana, in the landmark case State of Montana v. Judd Michael...
Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA

Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA

Date: Apr 25, 2003
Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA Introduction In the landmark case of Trustees of Indiana University v....
Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton

Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton

Date: Apr 25, 2003
Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton Introduction State of Montana v. Shirley Saxton, 315 Mont. 315 (2003), is a significant case decided by...
Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops

Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops

Date: Dec 13, 2002
Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops Introduction The case of State of Montana v. Kaufman, Kaufman, and Cox (313 Mont. 1)...
Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412

Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412

Date: Nov 22, 2002
Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412 Introduction In the landmark case of Powder River County et al. v. State of Montana et al.,...
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