Montana Case Commentaries

Enforcing Restitution Through Plea Agreements: Insights from State v. Schroder

Date: Mar 20, 2024

Enforcing Restitution Through Plea Agreements: Insights from State of Montana v. Schroder Introduction The case of State of Montana v. Bruce Schroder, 2024 MT 59, adjudicated by the Supreme Court of...

Montana Supreme Court Clarifies Separate-Vote Requirement: Single Amendment Focus in MSRR v. Knudsen

Date: Mar 19, 2024

Montana Supreme Court Clarifies Separate-Vote Requirement: Single Amendment Focus in MSRR v. Knudsen Introduction In the landmark case of Montanans Securing Reproductive Rights and Samuel Dickman,...

Hearsay Admissibility in Involuntary Mental Health Commitments: Insights from G.M. v. Montana Supreme Court

Date: Mar 13, 2024

Hearsay Admissibility in Involuntary Mental Health Commitments: Insights from G.M. v. Montana Supreme Court Introduction The case of G.M. v. Montana Supreme Court addresses a pivotal issue in the...

Default Judgment Affirmed in Saddlebrook Investments v. Krohne Fund

Date: Mar 6, 2024

Disclaimer: The following commentary analyzes a non-precedential memorandum opinion from the Supreme Court of Montana. This analysis is for informational purposes only and does not constitute legal...

Affirmation of Standard Probationary Conditions in Sexual Abuse Cases: State v. Welch

Date: Mar 6, 2024

Affirmation of Standard Probationary Conditions in Sexual Abuse Cases: State v. Welch (2024 MT 42) Introduction In the case of State of Montana v. Christopher Michael Welch (2024 MT 42), the Supreme...

Reaffirming Due Process: Montana Supreme Court's Ruling on Common Scheme Offenses and Jury Instructions in Sexual Assault Cases

Date: Feb 28, 2024

Reaffirming Due Process: Montana Supreme Court's Ruling on Common Scheme Offenses and Jury Instructions in Sexual Assault Cases Introduction The Montana Supreme Court's recent decision in State of...

Establishing Duty and Liability in Insurance Procurement: Insights from TCF Enterprises v. Rames, Inc.

Date: Feb 28, 2024

Establishing Duty and Liability in Insurance Procurement: Insights from TCF Enterprises v. Rames, Inc. Introduction The Supreme Court of Montana, in the case of TCF Enterprises, Inc., d/b/a Malmquist...

Pro Forma Title Insurance: No Contractual Obligation Without Fulfillment of Conditions – Johnston et al. v. Flying S Title & Escrow, Inc.

Date: Feb 28, 2024

Pro Forma Title Insurance: No Contractual Obligation Without Fulfillment of Conditions – Johnston et al. v. Flying S Title & Escrow, Inc. Introduction The case of Johnston et al. v. Flying S Title &...

Supreme Court Establishes Strict Evidentiary Standards for Permanent Orders of Protection

Date: Feb 14, 2024

Supreme Court Establishes Strict Evidentiary Standards for Permanent Orders of Protection Introduction In the landmark case of Camille L. Fritzler v. Alda Ida Bighorn, the Supreme Court of Montana...

Montana Supreme Court Upholds Attorney Fees under Private Attorney General Doctrine in Forward Montana v. State of Montana

Date: Feb 1, 2024

Montana Supreme Court Upholds Attorney Fees under Private Attorney General Doctrine in Forward Montana v. State of Montana Introduction In Forward Montana; Leo Gallagher; Montana Association of...

Equitable Distribution and Valuation Timing in Marital Dissolution: In Re The Marriage of Goudreau

Date: Jan 17, 2024

Equitable Distribution and Valuation Timing in Marital Dissolution: In Re The Marriage of Goudreau Introduction The case of In Re The Marriage of Lindsay B. Goudreau and Jeffrey A. Goudreau (2024 MT...

Reinforcement of Direct Appeal Supremacy in Postconviction Relief: State v. Boyd

Date: Jan 17, 2024

Reinforcement of Direct Appeal Supremacy in Postconviction Relief: State v. Boyd (2024 MT 8) Introduction State v. Boyd (2024 MT 8) is a significant case adjudicated by the Supreme Court of Montana,...

Montana Supreme Court Establishes New Precedent on Admissibility of Prior Sexual Conduct Evidence

Date: Jan 17, 2024

Montana Supreme Court Establishes New Precedent on Admissibility of Prior Sexual Conduct Evidence Introduction In the landmark case of State of Montana v. Nels Jerry Peterson (415 Mont. 34), the...

Merila v. Burke: Affirmation of "Not Reasonably Practicable" Standard for Partner Expulsion Under Montana UPA

Date: Jan 17, 2024

Merila v. Burke: Affirmation of "Not Reasonably Practicable" Standard for Partner Expulsion Under Montana UPA Introduction The case of Billy Ann Merila v. Daniel Brian Burke (415 Mont. 24) presents a...

Good Cause for Trial Delay under Speedy Trial Statute Affirmed Amid COVID-19 Pandemic

Date: Jan 10, 2024

Good Cause for Trial Delay under Speedy Trial Statute Affirmed Amid COVID-19 Pandemic Introduction The case of City of Great Falls v. Hannah Rose Kuntz (2024 MT 2) presents a pivotal examination of...

Balancing Defendant's Right to Discovery with Victims' Privacy: Insights from State v. Calahan

Date: Nov 22, 2023

Balancing Defendant's Right to Discovery with Victims' Privacy: Insights from State v. Calahan Introduction The Supreme Court of Montana in State of Montana v. Sean McKelvey Calahan (2023) addressed...

Montana Supreme Court Reinforces Strict Residency Requirements for County Attorney Candidates

Date: Sep 20, 2023

Montana Supreme Court Reinforces Strict Residency Requirements for County Attorney Candidates Introduction The case of Darla Downs v. Frank Piocos (413 Mont. 269) addresses the crucial issue of...

Affirmation of Routine Clothed Searches Under the Eighth Amendment: Lawrence v. Pasha

Date: Aug 9, 2023

Affirmation of Routine Clothed Searches Under the Eighth Amendment: Lawrence v. Pasha Introduction Lawrence v. Pasha, 413 Mont. 149 (2023), addresses critical issues concerning inmates' rights...

Affirmation of Prescriptive Easement Rights in Absence of Permissive Use: Cremer Rodeo Land v. Linda McMullen

Date: Jun 21, 2023

Affirmation of Prescriptive Easement Rights in Absence of Permissive Use: Cremer Rodeo Land v. Linda McMullen Introduction The case of Cremer Rodeo Land and Livestock Company v. Linda McMullen...

Limits of Investigative Traffic Stops: Montana Supreme Court Sets Clear Boundaries

Date: May 17, 2023

Limits of Investigative Traffic Stops: Montana Supreme Court Sets Clear Boundaries Introduction In the landmark case of State of Montana v. Nicole Abenicia Noli, decided on May 16, 2023, the Supreme...