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  • Commentaries
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Montana Case Commentaries

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...
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...
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