Montana Case Commentaries

Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor

Date: Jun 4, 2014

Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor Introduction In the landmark case of Kevin Mark Taylor v. State of Montana, decided on June 3, 2014, the...

Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes

Date: May 8, 2014

Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes Introduction The case of Ernest E. Nelson v. Randall Brooks and Ila Mae Brooks, decided by the...

Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley

Date: Feb 19, 2014

Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley Introduction In the landmark case In re the Marriage of Dennis Crowley,...

Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson

Date: Jan 22, 2014

Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson Introduction State of Montana v. Jeremiah Allen Johnson (317 P.3d 164) is...

Montana Supreme Court Expands Standing and Applies Equitable Tolling for Right-to-Know and Participation Claims

Date: Jan 10, 2014

Montana Supreme Court Expands Standing and Applies Equitable Tolling for Right-to-Know and Participation Claims Introduction In the landmark case of Brian F. Schoof v. Jack Nesbit et al. (316 P.3d...

Balancing the Right to Confrontation and Court Discretion: Analysis of State v. Garding

Date: Jan 8, 2014

Balancing the Right to Confrontation and Court Discretion: Analysis of State of Montana v. Katie Irene Garding Introduction The case of State of Montana v. Katie Irene Garding revolves around the...

Affirmation of Confrontation Rights and Evidentiary Limits in State of Montana v. Garding

Date: Nov 27, 2013

Affirmation of Confrontation Rights and Evidentiary Limits in State of Montana v. Garding Introduction State of Montana v. Katie Irene Garding, 2013 MT 355, is a pivotal case adjudicated by the...

Montana Supreme Court Establishes MERS is Not a Beneficiary under the Small Tract Financing Act

Date: Nov 26, 2013

Montana Supreme Court Establishes MERS is Not a Beneficiary under the Small Tract Financing Act Introduction The case of Troy A. Pilgeram and Teresa A. Pilgeram v. GreenPoint Mortgage Funding, Inc....

Unjust Enrichment and Implied Contract: Comprehensive Analysis of Owen v. Skramovsky, Montana Supreme Court

Date: Nov 20, 2013

Unjust Enrichment and Implied Contract: Comprehensive Analysis of Owen v. Skramovsky, Montana Supreme Court Introduction The Supreme Court of Montana, in the case of Robert Owen v. Don Skramovsky...

Montana Supreme Court Establishes Broad Chain-of-Title Approach for Easements

Date: Nov 13, 2013

Montana Supreme Court Establishes Broad Chain-of-Title Approach for Easements Introduction The case of James Earl and Rachel E. Earl v. Pavex, Corp. (372 Mont. 476) adjudicated by the Montana Supreme...

Defining the Scope of Plain Error Review in Montana: A Comprehensive Analysis of State v. Aker (371 Mont. 491)

Date: Sep 5, 2013

Defining the Scope of Plain Error Review in Montana: A Comprehensive Analysis of State v. Aker (371 Mont. 491) Introduction The case of State of Montana v. Jimmie Lee Aker (371 Mont. 491) presents a...

Affirming the Community Caretaker Doctrine in DUI Investigations: State of Montana v. Marcial (2013)

Date: Aug 28, 2013

Affirming the Community Caretaker Doctrine in DUI Investigations: State of Montana v. Marcial (2013) Introduction The case of State of Montana v. Marco Antonio Marcial, decided by the Supreme Court...

Consecutive Sentencing of Adult and Juvenile Dispositions: Insights from STATE of Montana v. Kristopher Ronald Adams

Date: Jul 16, 2013

Consecutive Sentencing of Adult and Juvenile Dispositions: Insights from STATE of Montana v. Kristopher Ronald Adams Introduction In the landmark case of STATE of Montana v. Kristopher Ronald Adams...

Montana Supreme Court Establishes Negligent Credentialing as a Valid Cause of Action in Brookins v. Mote

Date: Jan 16, 2013

Montana Supreme Court Establishes Negligent Credentialing as a Valid Cause of Action in Brookins v. Mote Introduction In the landmark case of Ann M. Brookins v. Frederick Mote, M.D. and Mineral...

Restoration Costs as a Measure of Damages in Property Contamination: Da v. McEwen

Date: Jan 1, 2013

Restoration Costs as a Measure of Damages in Property Contamination: Da v. McEwen Introduction In Da v. d L. McEwen and Lenora D. McEwen, the Supreme Court of Montana addressed pivotal issues...

Montana Supreme Court Establishes Enhanced Criteria for Class Certification in Shoreline Erosion Litigation

Date: Dec 28, 2012

Montana Supreme Court Establishes Enhanced Criteria for Class Certification in Shoreline Erosion Litigation Introduction In the case of Rebecca E. Mattson, et al. v. Montana Power Company, et al.,...

Claim Preclusion Bars Relitigation of Bad-Faith Insurance Claims: Brilz v. Metropolitan General Insurance Company

Date: Aug 22, 2012

Claim Preclusion Bars Relitigation of Bad-Faith Insurance Claims: Brilz v. Metropolitan General Insurance Company Introduction In Candice Brilz v. Metropolitan General Insurance Company (285 P.3d...

Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton

Date: Jul 25, 2012

Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton Introduction The case of Dawn Elizabeth Lewton versus John Edward Lewton...

Montana Supreme Court Establishes TIC Investments as Securities: Redding v. Montana Judicial District

Date: Jul 7, 2012

TIC Investments Recognized as Securities: Comprehensive Analysis of Redding v. Montana First Judicial District Court Introduction The landmark case of Billie L. Redding v. Montana First Judicial...

TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court

Date: Jul 6, 2012

TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court Introduction In the landmark case of Billie L. Redding v. Montana First Judicial...