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  • Commentaries
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Montana Case Commentaries

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

Date: May 28, 2025
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent Introduction The Supreme Court of Montana reviewed the appeal of Donna Elizabeth...
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Date: May 21, 2025
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor Introduction In Stalowy v. Missoula Manor Home, 2025 MT 108N, decided May 20, 2025, the Montana...
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Date: May 21, 2025
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences Introduction In State v. Robert Ronald Brady, 2025 MT 105, the Supreme Court of Montana...
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Date: May 21, 2025
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases Introduction The Supreme Court of Montana in State v. Paul Kermit Gysler (2025...
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Date: May 21, 2025
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths 1. Introduction The Supreme Court of Montana’s decision in State of Montana v. Joseph Edward Knowles, 2025 MT...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Date: May 14, 2025
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

Date: May 14, 2025
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence Introduction In State v. Ament, 2025 MT 97, the Supreme Court of Montana addressed...
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Date: May 14, 2025
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings Introduction Williams v. Green, 2025 MT 102 (Mont. May 13, 2025), presents an important interpretive ruling...
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Date: May 14, 2025
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations Introduction State of Montana v. William James Pillans (2025 MT 100) is a Supreme Court of Montana decision clarifying...
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Date: May 14, 2025
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases Introduction Matter of D.L.L. & J.T.L., 2025 MT 98 (Mont. 2025), is a Supreme Court of Montana...
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W.

Date: May 14, 2025
Procedural Time Limits Versus Jurisdiction in Involuntary Commitment Extensions: In re M.H.W. Introduction In In the Matter of M.H.W. (2025 MT 96), the Supreme Court of Montana addressed whether a...
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Date: May 14, 2025
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action Introduction Grosvold v. Neely, 2025 MT 99 (Mont. 2025), arose from a dispute...
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Date: May 7, 2025
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin Introduction In the noncitable memorandum decision In re Marriage of Martin (2025 MT 94N), the Supreme Court of Montana...
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Date: May 7, 2025
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA Introduction State v. Bloomer, 2025 MT 93 (Mont. 2025), considers whether a district court may impose the...
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Date: May 7, 2025
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct Introduction The Supreme Court of Montana’s decision in Groenke v. Gabriel, 2025 MT 91, extends the...
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Date: May 7, 2025
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker Introduction In State v. James Houston Parker (2025 MT 92), the Supreme Court of Montana confronted the proper mental-state...
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

Date: May 7, 2025
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections Introduction State of Montana v. Cheyene Leilani-Amber Zielie (2025 MT 90) addresses two related...
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