Claim Preclusion Bars Post-Judgment Tort Claims Against an Estate and Its Personal Representative Acting Only in a Fiduciary Capacity 1. Introduction Kahle v. Estate of Tosch (Mont. 2026 MT 159N) is...
State v. Reed: No Ineffective Assistance Absent Prejudice Where Evidence Does Not Support a Lesser-Included Instruction; Bail-Jumping “Lawful Excuse” Survives Vagueness Challenge Under Trombley 1....
ICWA Diligent Inquiry and IAC in Termination: Tattoos and Speculative Parole Dates Do Not Undermine Termination Under § 41-3-609(4)(c), MCA Introduction Matter of D.J.L. and R.J.M., Youths in Need of...
Montana’s 2026 Rule: Documented Random, Proximate Judge Reassignment and Strict Timing/Fee Controls for District Judge Substitution (§ 3-1-804, MCA) 1. Introduction In re Revised Rules on...
Counterman Does Not Invalidate Montana’s Threatening-an-Officer Statute Where It Requires Purposeful/Knowing Threats, and 911-Driven Domestic-Disturbance Exigency Can Justify Warrantless Entry...
Reversal of a Conditional Federal Habeas Writ Extinguishes Substitution Rights and Permits Reinstatement of a Vacated Montana Conviction—But Only After the Defendant Is Heard Case: State v. K....
Diligent ICWA Inquiry Is Satisfied by Prompt Notice and Conclusive Tribal Responses; Speculative Parole Date Does Not Establish Ineffective Assistance or Defeat Termination Under § 41-3-609(4)(c),...
Montana Due Process Rule: Failure to Hold a Timely § 41-3-432 Show Cause Hearing and Expiration of EPS Authority Requires Dismissal 1. Introduction In S.M. v. 2nd Judicial Dist.Court (Mont. Sup. Ct....
Distinctive Vehicle Match Creates Particularized Suspicion for a Terry Stop; Probation Search Authorized by Reasonable Cause Based on Probation Violations Introduction In State v. J. Stewart, the...
State v. Proctor (2026 MT 150): “All Data” Cell-Phone Search Warrants Are Overbroad General Warrants Without Particularized Limits—But Admission May Be Harmless 1. Introduction In State v. Proctor,...
Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator 1. Introduction Parenting of C.R.J. (Mont. 2026 MT 151) arises from...
Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay Introduction Parenting of H.B.-S. (Mont. Sup. Ct. 2026 MT 156N) arose from a high-conflict parenting dispute between...
Plain-Error Relief Denied for Alleged Hearing-Access Defect in Civil Commitment Absent Objection and Where Record Shows Participation (Matter of L.S.) 1. Introduction In Matter of L.S., 2026 MT 154N...
Enforcing a Final Marital Property Settlement Agreement: Limits on Post-Decree Relitigation and Procedural Leniency for Pro Se Appeals Introduction Marriage of McLaughlin (Mont. Sup. Ct. 2026 MT...
Marriage of DeCock: Rule 60(b)(6) Cannot Relitigate Unconscionability; “Blamelessness” Extends to Post-Settlement Affidavits Seeking Entry of Decree In re the Marriage of DeCock, 2026 MT 145 (Mont....
Hawkins v. Northwestern Corp.: Waiver of Procedural Judicial-Assignment Objections, Rule 2(c) Dismissal for Nonresponse, and “Good Cause” Limits on Post-Deadline Joinder Introduction In Hawkins v....
Ambiguous Lease Amendment Removing “Paragraph 5” Permits Extrinsic Evidence and Preserves a Lessee’s Tenancy-in-Common Purchase Right Introduction Tuma v. Britt, 2026 MT 144, is a Montana Supreme...
Revictimization Statistics May Be “Educational,” and Harsher Resentencing by a Different Judge Requires Proof of Actual Vindictiveness 1. Introduction Case: State v. A. Twardoski, 2026 MT 142 (Mont....
Post‑Mediation Inactivity Supports Dismissal With Prejudice; Frivolous Motion Practice Supports Fee Sanctions; Undertaking Required to Appeal Justice‑Court Money Judgments Introduction Smith v....
State v. Morris (2026 MT 143): Record-Based Nexus Required for Minor-Contact Probation Conditions; Mazurek Hearings Not a Discovery Tool; Defense Witness Statements Discoverable Despite Work-Product...