Ineffective Assistance of Counsel in Accomplice Testimony: Montana Supreme Court Reverses Kougl's Conviction Introduction In the landmark case State of Montana v. Mark Robert Kougl, the Supreme Court...
Rebekah Michelle Smith v. State of Montana: Redefining Expectations of Privacy in Shared Residences Introduction In the landmark case of State of Montana v. Rebekah Michelle Smith (322 Mont. 466,...
Enhanced Due Process in Prosecutorial Conduct: Insights from State of Montana v. Tracey Raymond Godfrey Introduction State of Montana v. Tracey Raymond Godfrey, 322 Mont. 254 (2004), is a landmark...
Voluntary Consent and the End of an Investigatory Stop: Analysis of State of Montana v. Merrill Introduction State of Montana, Plaintiff and Respondent, v. China Blue Merrill, Defendant and Appellant...
Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering Introduction State of Montana v. Clifford Lee Stone is...
Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples Introduction In the landmark case of Farmers Union Mutual Insurance Company v. Raymond Staples (321 Mont. 99, decided on...
Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental Introduction The case of KAREN...
Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al. Introduction The case of POUWEL and MIRIAM GELDERLOOS v. ROXANNE DUKE, et al., adjudicated by the Supreme...
Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County Introduction Robert Lee v. Musselshell County is a landmark case decided by the...
Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease Introduction The In re the Marriage of Robert Mease and Brenda...
Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large Introduction The case of City of Whitefish v. Melissa Large, decided by the Supreme Court of Montana on...
Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark Introduction The case of In Re the Marriage of Donald William Clark and Sharon Dale Clark,...
Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops Introduction The Supreme Court of Montana, in the landmark case State of Montana v. Judd Michael...
Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA Introduction In the landmark case of Trustees of Indiana University v....
Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton Introduction State of Montana v. Shirley Saxton, 315 Mont. 315 (2003), is a significant case decided by...
Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops Introduction The case of State of Montana v. Kaufman, Kaufman, and Cox (313 Mont. 1)...
Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412 Introduction In the landmark case of Powder River County et al. v. State of Montana et al.,...
Kiely Construction v. City of Red Lodge: Clarifying Protected Property Interests and Judicial Immunity Introduction The case of KIELY CONSTRUCTION, L.L.C. v. CITY OF RED LODGE, decided by the Supreme...
Montana Supreme Court Overrules Bean Lake: Recognizing Pre-1973 Fish, Wildlife, and Recreation Water Rights Without Diversion Introduction In the landmark case In the Matter of the Adjudication of...
Affirmation of the Community Caretaker Doctrine in DUI Investigations Introduction In State of Montana v. Michael D. Lovegren (310 Mont. 358, 2002), the Supreme Court of Montana addressed pivotal...