Montana Case Commentaries

Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State v. Kotwicki

Date: Jan 25, 2007

Limits of Statutory Parameters in Sentencing: Montana Supreme Court Sets Precedent in State of Montana v. Kotwicki Introduction In the landmark case of State of Montana v. Ramon Kotwicki, the Supreme...

Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court Cascade County

Date: Oct 6, 2006

Judicial Review of Public Defender Eligibility: Insights from Rios v. Justice Court, Cascade County Introduction The case of Steve L. Rios and The Office of State Public Defender v. Justice Court,...

Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections

Date: Oct 3, 2006

Clarifying the Lenihan Exception: Appellate Review of Parole Ineligibility Sentences Without Timely Objections Introduction In the landmark case of State of Montana v. Jason Lucas Garrymore, the...

Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton

Date: Sep 20, 2006

Timely Probable Cause Determination in DUI Cases: Insights from Montana Supreme Court's Affirmation in State of Montana v. Michael H. Ditton Introduction The case of State of Montana v. Michael H....

Montana Supreme Court Validates Holographic Will and Asserts Jurisdiction Over Estate Proceedings Despite Inadequate Notice in Foreign Probate

Date: Sep 14, 2006

Montana Supreme Court Validates Holographic Will and Asserts Jurisdiction Over Estate Proceedings Despite Inadequate Notice in Foreign Probate Introduction In the landmark case of In the Matter of...

Probable Cause Standards Reinforced in STATE OF MONTANA v. EDWARD ELLINGTON

Date: Sep 7, 2006

Probable Cause Standards Reinforced in State of Montana v. Edward Ellington Introduction In State of Montana v. Edward Ellington, the Supreme Court of Montana addressed critical issues surrounding...

State of Montana v. Robert Louis Meza: Establishing Standards for Vehicle Stops and Canine Searches

Date: Aug 30, 2006

State of Montana v. Robert Louis Meza: Establishing Standards for Vehicle Stops and Canine Searches Introduction The case State of Montana, Plaintiff and Respondent, v. Robert Louis Meza, Defendant...

Germann v. City of Whitefish: Establishing Limits on Property Interest and Immunity in Conditional Use Permits

Date: Jun 14, 2006

Germann v. City of Whitefish: Establishing Limits on Property Interest and Immunity in Conditional Use Permits Introduction In the landmark case of Shelley Germann v. Gary Stephens et al., the...

Fair Sentencing Practices Reinforced: STATE OF MONTANA v. PACER FERGUSON Commentary

Date: Dec 29, 2005

Fair Sentencing Practices Reinforced: STATE OF MONTANA v. PACER FERGUSON Commentary Introduction In the case of State of Montana v. Pacer Ferguson, the Supreme Court of Montana addressed multiple...

Reaffirmation of the Community Caretaker Doctrine in DUI Stops

Date: Dec 7, 2005

Reaffirmation of the Community Caretaker Doctrine in DUI Stops Introduction The case of State of Montana v. Tammie Seaman revolves around the application of the Community Caretaker Doctrine in the...

Sufficiency of Evidence in Theft Convictions: Insights from State of Montana v. Kelley

Date: Aug 17, 2005

Sufficiency of Evidence in Theft Convictions: Insights from State of Montana v. Kelley Introduction The case of State of Montana v. Thomas Michael Kelley (328 Mont. 187) adjudicated by the Supreme...

Clarification of Voluntariness in Guilty Plea Withdrawals: Montana Supreme Court in State v. Warclub

Date: Jun 15, 2005

Clarification of Voluntariness in Guilty Plea Withdrawals: Montana Supreme Court in State v. Warclub Introduction In State of Montana v. Warren Warclub, 327 Mont. 352 (2005), the Supreme Court of...

Interpretation of "Sudden and Accidental" in CGL Policies: Travelers Casualty v. Ribi Immunochem Research

Date: Mar 2, 2005

Interpretation of "Sudden and Accidental" in CGL Policies: Travelers Casualty v. Ribi Immunochem Research Introduction The case of Travelers Casualty and Surety Company v. Ribi Immunochem Research,...

Termination of Irrevocable Trusts and Custodial Determinations in Divorce: Insights from In re the Marriage of Yvonne S. Epperson

Date: Feb 24, 2005

Termination of Irrevocable Trusts and Custodial Determinations in Divorce: Insights from In re the Marriage of Yvonne S. Epperson Introduction In re the Marriage of Yvonne S. Epperson is a pivotal...

Montana Supreme Court Establishes Standards for Assessing Prosecutorial Misconduct and Ineffective Assistance of Counsel in Postconviction Relief

Date: Feb 16, 2005

Montana Supreme Court Establishes Standards for Assessing Prosecutorial Misconduct and Ineffective Assistance of Counsel in Postconviction Relief Introduction The case of Amuir Sekou Clausell v....

Montana Supreme Court Establishes Retroactive Application of Hardy Decision in Dempsey v. Allstate

Date: Dec 31, 2004

Montana Supreme Court Establishes Retroactive Application of Hardy Decision in Dempsey v. Allstate Introduction In Dempsey v. Allstate Insurance Company, the Supreme Court of Montana addressed a...

Strict Particularity in Search Warrants for Personal Residences: Insights from STATE OF MONTANA v. JOHN EDWARD GRAHAM

Date: Dec 29, 2004

Strict Particularity in Search Warrants for Personal Residences: Insights from STATE OF MONTANA v. JOHN EDWARD GRAHAM Introduction The case STATE OF MONTANA v. JOHN EDWARD GRAHAM, decided by the...

Affirmation of Felony-Murder Doctrine and Corroboration Standards: State of Montana v. Richard Earl Burkhart

Date: Dec 24, 2004

Affirmation of Felony-Murder Doctrine and Corroboration Standards: State of Montana v. Richard Earl Burkhart Introduction In State of Montana v. Richard Earl Burkhart (325 Mont. 27), the Supreme...

Montana Supreme Court Clarifies Admissibility Standards of Preliminary Alcohol Screening Tests in DUI Cases

Date: Nov 24, 2004

Montana Supreme Court Clarifies Admissibility Standards of Preliminary Alcohol Screening Tests in DUI Cases Introduction In the landmark case of State of Montana v. Kenneth Snell, 324 Mont. 173...

Defining the Limits of Jury Instructions by Bailiffs: Steele v. State Sets Important Precedent

Date: Oct 6, 2004

Defining the Limits of Jury Instructions by Bailiffs: Steele v. State Sets Important Precedent Introduction In the landmark case of State of Montana v. Dustin Steele, 323 Mont. 204 (2004), the...