Montana Case Commentaries

Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer

Date: Feb 7, 2018

Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer Introduction STATE of Montana v....

Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation

Date: Nov 15, 2017

Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation Introduction The Supreme Court of Montana's decision in Quigley v. Beck (389 Mont. 283,...

Insufficient Information Provided for Comprehensive Legal Commentary

Date: Nov 1, 2017

Insufficient Information Provided for Comprehensive Legal Commentary Introduction The task of providing an in-depth and structured commentary on the judicial decision of State of Montana v. Adam...

Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company

Date: Oct 4, 2017

Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company Introduction The case of Danreuther Ranches, Claimant v. Farmers...

State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops

Date: Sep 22, 2017

State of Montana v. Hoover: Reinforcing the Requirement for Particularized Suspicion in Investigative Stops Introduction In the landmark case of State of Montana v. Steven Todd Hoover, the Supreme...

Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence

Date: Sep 6, 2017

Strang v. State of Montana: Strict Timeliness for Judicial Disqualification Claims and Upholds Admissibility of Late-Disclosed Evidence Introduction In State of Montana v. Daryl E. Strang (388 Mont....

Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA

Date: Aug 23, 2017

Montana Supreme Court Clarifies Duty of Fair Representation and Limits on Punitive Damages: Folsom v. MPEA Introduction In the case of Jeffrey R. Folsom v. Montana Public Employees' Association, Inc....

Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie

Date: Aug 9, 2017

Reaffirming Counsel's Tactical Discretion in Ineffective Assistance Claims: State v. Golie Introduction In State v. Golie, 388 Mont. 252 (2017), the Supreme Court of Montana addressed significant...

Affirming Fair Trial Standards: Insights from State v. Stutzman

Date: Jul 7, 2017

Affirming Fair Trial Standards: Insights from State v. Stutzman Introduction State of Montana v. Michael Robert Stutzman is a significant case adjudicated by the Supreme Court of the State of Montana...

Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman

Date: May 31, 2017

Clarifying the Standards for Justifiable Use of Force: Analysis of State of Montana v. Jeffrey Bruce Lackman Introduction In State of Montana v. Jeffrey Bruce Lackman, the Supreme Court of the State...

Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty

Date: Mar 8, 2017

Montana Supreme Court Reaffirms Criteria for Attorney Fees Awards in Beaver v. Duty Introduction In HU Beaver, Patsy Beaver, Plaintiffs, Appellees and Cross-Appellants, Dennis Duty, Plaintiff and...

Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles

Date: Dec 29, 2016

Montana Supreme Court Upholds BLM's Stockwatering Rights, Reinforcing Prior Appropriation Principles Introduction The case of United States of America (Bureau of Land Management) vs. Barthelmess...

Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments

Date: Dec 28, 2016

Presumption of Innocence Reinforced: Prosecutorial Misconduct in Closing Arguments Introduction In the landmark case of State of Montana v. William James Lawrence (386 Mont. 86, 2016), the Supreme...

Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr.

Date: Dec 7, 2016

Establishing Particularized Suspicion in Traffic Stops: Analysis of STATE of Montana v. Kelly Ray Massey, Jr. Introduction The case of STATE of Montana v. Kelly Ray Massey, Jr., decided by the...

Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce

Date: Nov 30, 2016

Enhanced Standards for Discovery Compliance and Mistrial Motions in Sexual Assault Proceedings: Insights from State v. Robert Pierce Introduction State of Montana v. Robert Pierce, 385 Mont. 439...

Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations

Date: Nov 4, 2016

Clarifying Downstream Water Rights: Granite County v. Esther J. McDonald Establishes Key Precedent on Natural Flow Obligations Introduction The case Granite County Board of Commissioners v. Esther J....

Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions

Date: Oct 12, 2016

Comprehensive Analysis of Citizens for a Better Flathead v. Board of County Commissioners of Flathead County: Upholding Procedural Compliance in Growth Policy Revisions Introduction Citizens for a...

Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al.

Date: Sep 7, 2016

Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al. Introduction The Supreme Court of the State of Montana rendered its decision on September 6,...

Legal Accountability in Incest Cases: Analysis of STATE v. Joshua James Kline

Date: Jul 27, 2016

Legal Accountability in Incest Cases: Analysis of STATE of Montana v. Joshua James Kline Introduction In the landmark case of STATE of Montana v. Joshua James Kline (384 Mont. 157), the Supreme Court...

Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes

Date: Jul 27, 2016

Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes Introduction The case of Ste v. Kelly, Monte Giese, Henry Nagamori and Kalanick Ranch, Inc. versus Teton Prairie LLC addresses...