Montana Case Commentaries

Montana Supreme Court Rules on Contract Ambiguity in Aircraft Sale Dispute

Date: Aug 13, 2008

Montana Supreme Court Rules on Contract Ambiguity in Aircraft Sale Dispute Introduction The dispute between Corporate Air and Edwards Jet Center, Inc. reached the Supreme Court of Montana after a...

State v. Hayden: Upholding Jury Integrity Against Prosecutorial Misconduct

Date: Aug 6, 2008

State v. Hayden: Upholding Jury Integrity Against Prosecutorial Misconduct Introduction The case of State of Montana v. Clyde William Hayden, Sr. (345 Mont. 252) dealt with significant issues...

Montana Supreme Court Clarifies Admissibility of Prior Dealings in Insurance Contract and UTPA Claims: Lorang v. Fortis

Date: Jul 18, 2008

Montana Supreme Court Clarifies Admissibility of Prior Dealings in Insurance Contract and UTPA Claims: Lorang v. Fortis Introduction The case of John and Bonnie Lorang v. Fortis Insurance Company,...

Montana Supreme Court Revises Understanding of Statutory Time Bars in Post-Conviction Relief – Davis v. Montana

Date: Jun 25, 2008

Montana Supreme Court Revises Understanding of Statutory Time Bars in Post-Conviction Relief – Davis v. Montana Introduction The case of George H. Davis v. State of Montana (344 Mont. 300),...

Interpretation of "Political Actions" under § 87-1-204, MCA: Montana Supreme Court Upholds Narrow Construction

Date: Jun 4, 2008

Interpretation of "Political Actions" under § 87-1-204, MCA: Montana Supreme Court Upholds Narrow Construction Introduction In the landmark case of Montana Sports Shooting Association, Inc., and Gary...

Strickland Standard Reaffirmed in Montana: Whitlow v. State of Montana

Date: Apr 23, 2008

Strickland Standard Reaffirmed in Montana: Whitlow v. State of Montana Introduction Whitlow v. State of Montana, 343 Mont. 90 (2008), is a pivotal case in Montana's appellate jurisprudence concerning...

Clarification of Motion to Dismiss Standards and Parole-Eligibility Restrictions in Montana's State v. Rosling

Date: Feb 27, 2008

Clarification of Motion to Dismiss Standards and Parole-Eligibility Restrictions in Montana's State v. Rosling Introduction State of Montana v. Jared Lee Rosling is a significant judicial decision...

State of Montana v. Dunn: Limits on Reasonable Expectation of Privacy in Warrantless Property Searches

Date: Nov 14, 2007

State of Montana v. Dunn: Limits on Reasonable Expectation of Privacy in Warrantless Property Searches Introduction In State of Montana v. Charles Robert Dunn, the Supreme Court of Montana addressed...

Exigent Circumstances and Warrantless Entry in Arson Investigations: Analysis of State v. Robert L. Lewis

Date: Nov 9, 2007

Exigent Circumstances and Warrantless Entry in Arson Investigations: Analysis of State of Montana v. Robert L. Lewis Introduction The case of State of Montana v. Robert L. Lewis, 340 Mont. 10 (2007),...

Affirmation of Consent Search and Rule 404(b) Evidence Admissibility in Negligent Homicide Cases

Date: Oct 20, 2007

Affirmation of Consent Search and Rule 404(b) Evidence Admissibility in Negligent Homicide Cases Introduction The case State of Montana v. Sabine Halvorson Bieber (2007) represents a significant...

Southwick v. State of Montana: Exception to Res Judicata in Criminal Sentencing

Date: Oct 10, 2007

Southwick v. State of Montana: Exception to Res Judicata in Criminal Sentencing Introduction State of Montana v. Paul Jay Southwick is a pivotal case decided by the Supreme Court of Montana on...

Affirmation of Drug Possession Conviction: Montana Supreme Court Reiterates Standards for Ineffective Assistance and Cumulative Error

Date: Sep 26, 2007

Affirmation of Drug Possession Conviction: Montana Supreme Court Reiterates Standards for Ineffective Assistance and Cumulative Error Introduction The case of State of Montana v. Paul Laszlo Racz...

Montana Supreme Court Reinforces Strict Compliance with §41-3-609 in Terminating Parental Rights

Date: Sep 26, 2007

Montana Supreme Court Reinforces Strict Compliance with §41-3-609 in Terminating Parental Rights Introduction The Supreme Court of Montana, in the case of In the Matter of D.B. and D.B., Youths In...

Revising the Speedy Trial Framework: STATE OF MONTANA v. KINGSLEY ARIEGWE

Date: Aug 17, 2007

Revising the Speedy Trial Framework: STATE OF MONTANA v. KINGSLEY ARIEGWE Introduction In the landmark case of STATE OF MONTANA, Plaintiff and Respondent, v. KINGSLEY ARIEGWE, Defendant and Appellant...

Montana Supreme Court Establishes Flexibility in Restoration Damages Exceeding Market Value in Environmental Contamination Case

Date: Aug 7, 2007

Montana Supreme Court Establishes Flexibility in Restoration Damages Exceeding Market Value in Environmental Contamination Case Introduction In the landmark case of Sunburst School District No. 2, et...

Voluntariness of Consent in Traffic Stop Searches: Montana Supreme Court's Decision in State v. Raymond Case, Jr.

Date: Jul 11, 2007

Voluntariness of Consent in Traffic Stop Searches: Montana Supreme Court's Decision in State v. Raymond Case, Jr. Introduction In the landmark case of State of Montana v. Raymond Case, Jr. (2007),...

Cenex Harvest States Cooperatives v. Baker Revocable Trust: Clarifying Easement Interpretation and Contract Ambiguity in Montana Law

Date: Jun 28, 2007

Cenex Harvest States Cooperatives v. Baker Revocable Trust: Clarifying Easement Interpretation and Contract Ambiguity in Montana Law Introduction In the landmark case of The Mary J. Baker Revocable...

Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez

Date: May 9, 2007

Exigent Circumstances and Warrantless Searches in High-Risk Environments: The State of Montana v. Robert Michael Gomez Introduction In the landmark case of The State of Montana v. Robert Michael...

State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings

Date: Mar 14, 2007

State of Montana v. Stephen Seals: Clarifying Statutory Sentencing Parameters in Revocation Proceedings Introduction The case of State of Montana v. Stephen Seals (336 Mont. 416) serves as a pivotal...

Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case

Date: Mar 13, 2007

Montana Supreme Court Upholds Significant Punitive Damages Award in Malicious Prosecution Case Introduction The case of Seltzer v. Morton W. Steve Seltzer before the Supreme Court of Montana...