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  • Commentaries
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Montana Case Commentaries

Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN

Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN

Date: Aug 6, 1985
Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN (1985) Introduction STATE OF MONTANA v. DELBERT JENSEN is a pivotal case adjudicated by the Supreme Court of Montana on...
Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp

Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp

Date: Jul 9, 1985
Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp Introduction In the landmark decision of State of Montana v. Wesley Sharp, 217 Mont. 40 (1985), the Montana Supreme Court...
Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass

Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass

Date: Mar 22, 1985
Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass Introduction The case of In Re the Marriage of Eloise Elaine Glass, Petitioner and...
Affirmation of Privacy Rights in State of Montana v. George Solis

Affirmation of Privacy Rights in State of Montana v. George Solis

Date: Jan 1, 1985
Affirmation of Privacy Rights in State of Montana v. George Solis (214 Mont. 310) Introduction State of Montana v. George Solis is a landmark case decided by the Supreme Court of Montana on December...
Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984)

Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984)

Date: Jan 24, 1984
Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984) Introduction The case of Missoulian v. Board of Regents of Higher Education (207 Mont. 513, 1984)...
Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent

Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent

Date: Dec 24, 1983
Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent Introduction In the landmark case of State of Montana v. James E. Gray, 207 Mont. 261...
Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy

Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy

Date: Nov 22, 1983
Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy Introduction Mary Jane Hardy, Mary Joan Fox, Dan Fox, and L.O. Ranch Co., a Mont. Corp. v. Lewis...
Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison

Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison

Date: Jul 1, 1983
Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison Introduction The case of Claude I. Burlingame and Carol T. Burlingame v. Fred B. Marjerrison and Jeannine O....
Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate

Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate

Date: Sep 3, 1982
Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate Introduction In re the Marriage of Beverly J. Larson v. Fred J. Larson, 200 Mont. 134 (Montana Supreme...
Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft

Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft

Date: May 1, 1982
Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft Introduction The Supreme Court of Montana's decision in In the Matter of the Estate of...
Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann

Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann

Date: Mar 4, 1982
Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann Introduction Castillo v. Kunnemann, 197 Mont. 190...
Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops

Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops

Date: Jul 10, 1981
Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops Introduction In the landmark case of The State of Montana v. Michael Gopher (193 Mont. 189, 1981), the Supreme Court of...
State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards

State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards

Date: Jun 11, 1981
State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards Introduction Case Citation: The State of Montana, Plaintiff and Respondent, v. James Clifton Jenkins, Defendant and...
Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves

Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves

Date: Jan 8, 1981
Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves Introduction Montana v. Charles Henry Graves is a pivotal 1981 decision by the Supreme Court of Montana...
Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence

Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence

Date: Dec 31, 1980
Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence Introduction The case of The State of Montana v. Dwayne Fish and John Aldin...
Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan

Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan

Date: Nov 22, 1979
Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan Introduction In State of Montana v. James Lenihan, 184 Mont. 338...
Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson

Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson

Date: Oct 10, 1979
Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson Introduction The case of In Re the Marriage of Verna B. and Theodore F. Jacobson (183 Mont. 517)...
State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses

State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses

Date: Sep 18, 1979
State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses Introduction State of Montana v. David Leroy Just is a seminal case decided by the Supreme Court of...
Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court

Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court

Date: Jul 6, 1979
Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court Introduction The case of The Board of Commissioners of Flathead County et al. v. Eleventh...
Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation

Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation

Date: Jun 19, 1979
Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation Introduction The Supreme Court of Montana, in Donald McNulty and Diana et al., Plaintiffs and Respondents, v. The...
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