Montana Case Commentaries

Privacy Expectations in Digital Communication: State v. Staker

Date: Jun 23, 2021

Privacy Expectations in Digital Communication: State v. Staker Introduction In State of Montana v. Travis Staker (2021 MT 151), the Supreme Court of Montana addressed critical issues surrounding...

Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller

Date: Apr 14, 2021

Reaffirmation of Community Caretaker Doctrine and Constitutional Protections in Montana: Estate of Frazier v. Miller Introduction The case Estate of Nicholas Tyson Frazier; and Jeanette Young; v....

Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana

Date: Mar 24, 2021

Interpretation of Statute of Limitations Tolling in WDEA Claims: Shepherd v. State of Montana Introduction In the landmark case of Kila Shepherd v. State of Montana, the Montana Supreme Court...

Confrontation Clause and Two-Way Video Testimony: State v. Mercier

Date: Jan 27, 2021

Confrontation Clause and Two-Way Video Testimony: State v. Mercier Introduction State of Montana v. Trevor Joseph Mercier, 403 Mont. 34, adjudicated by the Supreme Court of the State of Montana on...

Affirmation of Limited Standing for Non-Human Entities in Montana Human Rights Retaliation Claims

Date: Jan 27, 2021

Affirmation of Limited Standing for Non-Human Entities in Montana Human Rights Retaliation Claims Introduction The case of The Montana Independent Living Project, Inc. v. The City of Helena (403...

Montana Supreme Court Upholds Multiple Convictions for Child Pornography Possession

Date: Jan 6, 2021

Montana Supreme Court Upholds Multiple Convictions for Child Pornography Possession Introduction The Montana Supreme Court, in the landmark case of State of Montana v. J Cee Felde (402 Mont. 391,...

Montana Supreme Court Affirms Short-Term Rentals Under "Residential Purposes Only" Covenants

Date: Dec 9, 2020

Montana Supreme Court Affirms Short-Term Rentals Under "Residential Purposes Only" Covenants Introduction In the landmark case of Craig Tracts Homeowners' Association, Inc. v. Brown Drake, LLC (402...

Montana Supreme Court Upholds Criminal Liability for Physicians' Unlawful Drug Distribution Practices

Date: Sep 17, 2020

Montana Supreme Court Upholds Criminal Liability for Physicians' Unlawful Drug Distribution Practices Introduction In the landmark case of State of Montana v. Chris Arthur Christensen (401 Mont. 247,...

Montana Supreme Court Upholds District Court's Jurisdiction in Glacier County Financial Mismanagement Case

Date: Aug 19, 2020

Montana Supreme Court Upholds District Court's Jurisdiction in Glacier County Financial Mismanagement Case Introduction In the landmark case of Jeff Gottlob et al. v. Glacier County et al. (401 Mont....

Interpretation of Appurtenant Water Rights in Montana: Little Big Warm Ranch v. Dolls et al.

Date: Aug 12, 2020

Interpretation of Appurtenant Water Rights in Montana: Little Big Warm Ranch v. Dolls et al. Introduction The case of Little Big Warm Ranch, LLC (LBWR) vs. Cheri L. Doll et al. addresses complex...

Montana Supreme Court Limits Use of False Rape Reporting Statistics to Uphold Fair Trial Rights

Date: Aug 12, 2020

Montana Supreme Court Limits Use of False Rape Reporting Statistics to Uphold Fair Trial Rights Introduction In the landmark case State of Montana v. Philip Bryson Grimshaw, the Montana Supreme Court...

Montana Supreme Court Upholds OPD's Right to Adjust Compensation Rates: Brooke v. Montana State

Date: Jul 29, 2020

Montana Supreme Court Upholds OPD's Right to Adjust Compensation Rates: Brooke v. Montana State Introduction In the landmark case Brooke, Lerman, and West v. State of Montana, the Supreme Court of...

Montana Supreme Court Rules Disability Retirement Benefits Exclude from Divisible Marital Estate in Equitable Distribution

Date: Apr 22, 2020

Montana Supreme Court Rules Disability Retirement Benefits Exclude from Divisible Marital Estate in Equitable Distribution Introduction The case of In re the Marriage of Terri Elder and Sam Mahlum,...

Montana Supreme Court Clarifies 'Street Time' Credit Requirements under §46-18-203(7)(b), MCA (2017)

Date: Apr 8, 2020

Montana Supreme Court Clarifies 'Street Time' Credit Requirements under §46-18-203(7)(b), MCA (2017) Introduction In the case of State of Montana v. Charles Edward Jardee, the Supreme Court of...

Montana Supreme Court Reinforces Impartial Jury Requirement in Sexual Assault Case: Ghostbear v. State

Date: Mar 18, 2020

Montana Supreme Court Reinforces Impartial Jury Requirement in Sexual Assault Case: Ghostbear v. State Introduction In the landmark case State of Montana v. Edward Harold Ghostbear, the Montana...

Right to Be Present in Criminal Proceedings: Analysis of State v. Michael Wayne George

Date: Mar 11, 2020

Right to Be Present in Criminal Proceedings: Analysis of State of Montana v. Michael Wayne George Introduction In State of Montana v. Michael Wayne George, the Montana Supreme Court addressed a...

Limitations on Ineffective Assistance of Counsel Claims and Management of Testimonial Materials: Ward v. State of Montana

Date: Feb 12, 2020

Limitations on Ineffective Assistance of Counsel Claims and Management of Testimonial Materials: Ward v. State of Montana Introduction The case of State of Montana v. Shawn Joseph Ward (399 Mont. 16)...

Limitation on Community Caretaker Doctrine: Requiring Particularized Suspicion for DUI Investigatory Stops

Date: Nov 6, 2019

Limitation on Community Caretaker Doctrine: Requiring Particularized Suspicion for DUI Investigatory Stops Introduction The case of City of Missoula v. Bryan Allan Metz serves as a pivotal decision...

Supreme Court of Montana Reinforces State Preemption Over Local Firearm Regulation: Missoula v. Fox

Date: Oct 23, 2019

Supreme Court of Montana Reinforces State Preemption Over Local Firearm Regulation: Missoula v. Fox Introduction Case Citation: City of Missoula, Plaintiff and Appellee, v. Timothy C. Fox, in his...

Montana Supreme Court Establishes Strict Standards for Judicial Disqualification and Sanctions in Probate Litigation

Date: Oct 2, 2019

Montana Supreme Court Establishes Strict Standards for Judicial Disqualification and Sanctions in Probate Litigation Introduction The Montana Supreme Court delivered a pivotal decision in In re the...