Montana Case Commentaries

Supreme Court of Montana Reinforces Judicial Autonomy: Prohibits Mayor from Unilaterally Terminating Court Clerk

Date: Jul 31, 2024

Supreme Court of Montana Reinforces Judicial Autonomy: Prohibits Mayor from Unilaterally Terminating Court Clerk Introduction In the landmark case of Kerry L. Burman, Glendive City Judge, Petitioner,...

Limits on Court-Imposed Sanctions: Montana Supreme Court Reverses Sanction Order Due to Constitutional Double Jeopardy Protections

Date: Jul 31, 2024

Limits on Court-Imposed Sanctions: Montana Supreme Court Reverses Sanction Order Due to Constitutional Double Jeopardy Protections Introduction The Supreme Court of Montana, in the case of Shandor S....

Montana Supreme Court Establishes Non-Recognition of Equitable Easements in Property Disputes

Date: Jul 31, 2024

Montana Supreme Court Establishes Non-Recognition of Equitable Easements in Property Disputes Introduction The Montana Supreme Court, in the case of Robert Frisk v. John N. Thomas and Lori A. Thomas...

Reaffirming Felony-Murder Liability and Juror Impartiality Standards: Analysis of State v. Rossbach

Date: Jul 31, 2024

Reaffirming Felony-Murder Liability and Juror Impartiality Standards: Analysis of State of Montana v. Rossbach Introduction State of Montana v. Preston Csoo Rossbach is a landmark decision by the...

Comprehensive Commentary on State of Montana v. Cody Joseph Vernon Flesch

Date: Jul 31, 2024

Official Detention and Judicial Conduct: Insights from State of Montana v. Cody Joseph Vernon Flesch Introduction State of Montana v. Cody Joseph Vernon Flesch is a pivotal case decided by the...

New Precedent on Validating Unfiled Stock Use Water Rights: Bradley Livestock, LC v. Fraser

Date: Jul 31, 2024

New Precedent on Validating Unfiled Stock Use Water Rights: Bradley Livestock, LC v. Fraser Introduction The Supreme Court of Montana, in a landmark decision rendered on July 30, 2024, addressed a...

Zumwalt v. City of Whitefish: Defining the Boundaries of Lay Witness Opinions in DUI Proceedings

Date: Jul 24, 2024

Zumwalt v. City of Whitefish: Defining the Boundaries of Lay Witness Opinions in DUI Proceedings Introduction In the landmark case of Zumwalt v. City of Whitefish (417 Mont. 237), the Supreme Court...

Negligent Homicide and Sentencing Enhancements: Insights from STATE v. JOHNSON

Date: Jul 24, 2024

Negligent Homicide and Sentencing Enhancements: Insights from STATE v. JOHNSON Introduction State of Montana v. Shane Clark Johnson (2024 MT 152) is a pivotal case decided by the Supreme Court of...

Montana Supreme Court Affirms Probable Cause Standards for DUI Blood Sample Subpoenas

Date: Jun 26, 2024

Montana Supreme Court Affirms Probable Cause Standards for DUI Blood Sample Subpoenas Introduction The State of Montana v. Donald Aaron Hesser is a pivotal case decided by the Montana Supreme Court...

Montana Supreme Court Establishes Enhanced Standards for Expanding Traffic Stops into Drug Investigations

Date: Jun 26, 2024

Montana Supreme Court Establishes Enhanced Standards for Expanding Traffic Stops into Drug Investigations Introduction The case of State of Montana v. Joseph Brian McElroy (417 Mont. 68, 2024) marks...

Reaffirming the Limitations on Expanding Traffic Stops: State v. Panasuk

Date: May 29, 2024

Reaffirming the Limitations on Expanding Traffic Stops: State v. Panasuk Introduction In the case of State of Montana v. John David Panasuk, the Supreme Court of Montana addressed crucial issues...

Montana Supreme Court Establishes Compliance Violation Standards in Restitution Cases

Date: May 29, 2024

Montana Supreme Court Establishes Compliance Violation Standards in Restitution Cases Introduction In the landmark case of State of Montana v. Neldia Marie Puccinelli, the Supreme Court of Montana...

Montana Supreme Court Establishes State Ownership in Water Rights Appurtenant to School Trust Land

Date: May 1, 2024

Montana Supreme Court Establishes State Ownership in Water Rights Appurtenant to School Trust Land Introduction In the case of Debra V. Chutter and Sidney J. Schutter v. State of Montana Board of...

Affirmation of University Community Members' Standing to Challenge Legislative Encroachments on Board of Regents' Authority in Montana Supreme Court

Date: Apr 27, 2024

Affirmation of University Community Members' Standing to Challenge Legislative Encroachments on Board of Regents' Authority in Montana Supreme Court Introduction In the landmark case of Barrett et...

Montana Supreme Court Enhances Private Attorney General Doctrine: Rehearing Granted in Forward Montana v. State

Date: Apr 10, 2024

Montana Supreme Court Enhances Private Attorney General Doctrine: Rehearing Granted in Forward Montana v. State Introduction In the landmark case of Forward Montana; Leo Gallagher; Montana...

Private Attorney General Doctrine Reinforced in Forward Montana v. State of Montana (2024 MT 75)

Date: Apr 10, 2024

Private Attorney General Doctrine Reinforced in Forward Montana v. State of Montana (2024 MT 75) Introduction In the landmark case of Forward Montana et al. v. State of Montana (2024 MT 75), the...

Harmless Error in Judicial Commentary Upholds Conviction in State v. Bennett

Date: Apr 3, 2024

Harmless Error in Judicial Commentary Upholds Conviction in State v. Bennett Introduction In the case of State of Montana v. Stephen Ross Bennett (2024 MT 70), the Supreme Court of Montana addressed...

Montana Supreme Court Affirms Ballot Initiative Process for Reproductive Rights

Date: Apr 2, 2024

Montana Supreme Court Affirms Ballot Initiative Process for Reproductive Rights Introduction In the landmark case of Montanans Securing Reproductive Rights and Samuel Dickman, M.D., Petitioners...

Montana Supreme Court Establishes Mandatory Credit for Tribal Custody Time in Probation Revocation

Date: Mar 20, 2024

Montana Supreme Court Establishes Mandatory Credit for Tribal Custody Time in Probation Revocation Introduction In the landmark case of State of Montana v. Malinda Crazymule, the Supreme Court of...

State of Montana Immunity Limitation in Child Protection Negligence: S.W. v. State of Montana

Date: Mar 20, 2024

State of Montana Immunity Limitation in Child Protection Negligence: S.W. v. State of Montana Introduction The case of S.W., a Minor, by and through her Guardian Jeffrey Ferguson, Plaintiff and...