Montana Case Commentaries

Limits on Cross-Examination and Jury Instructions: Montana Supreme Court in State of Montana v. David Wayne Nelson

Date: Jun 12, 2002

Limits on Cross-Examination and Jury Instructions: Montana Supreme Court in State of Montana v. David Wayne Nelson Introduction The case of State of Montana v. David Wayne Nelson, decided on June 11,...

Admissibility and Foundation of Expert Opinion Testimony in DUID Cases: An Analysis of State v. Nobach

Date: May 8, 2002

Admissibility and Foundation of Expert Opinion Testimony in DUID Cases: An Analysis of State v. Nobach Introduction State of Montana v. David Paul Nobach, 309 Mont. 342 (2002), presents a pivotal...

Montana Supreme Court Establishes Objective Standard for Seizure Under Fourth Amendment in State of Montana v. Ted William Clayton

Date: Apr 5, 2002

Montana Supreme Court Establishes Objective Standard for Seizure Under Fourth Amendment in State of Montana v. Ted William Clayton Introduction State of Montana v. Ted William Clayton, 309 Mont. 215...

Reliance on Circumstantial Evidence and Probable Cause in Deliberate Homicide: Analysis of Montana v. Elliott

Date: Feb 22, 2002

Reliance on Circumstantial Evidence and Probable Cause in Deliberate Homicide: Analysis of Montana v. Elliott Introduction State of Montana v. Pamela Elliott is a landmark decision by the Supreme...

Reformation of Bid Contracts under Montana Law: Oftedal v. State of Montana

Date: Jan 15, 2002

Reformation of Bid Contracts under Montana Law: Oftedal v. State of Montana Introduction Case: E. H. Oftedal and Sons, Inc. v. The State of Montana Court: Supreme Court of Montana Date: January 14,...

Hot Pursuit Doctrine Extended into Indian Country: Montana Supreme Court's Decision in City of Cut Bank v. Daniel Bird

Date: Dec 28, 2001

Hot Pursuit Doctrine Extended into Indian Country: Montana Supreme Court's Decision in City of Cut Bank v. Daniel Bird Introduction The case of City of Cut Bank v. Daniel Bird addresses crucial...

Montana Supreme Court Establishes Stricter Standards for Warrantless Searches Incident to Arrest

Date: Dec 11, 2001

Montana Supreme Court Establishes Stricter Standards for Warrantless Searches Incident to Arrest Introduction In the landmark case of State of Montana v. Jason Hardaway, decided on December 10, 2001,...

Montana Supreme Court Clarifies District Court Authority in Resentencing Upon Revocation of Suspended Sentences

Date: Oct 23, 2001

Montana Supreme Court Clarifies District Court Authority in Resentencing Upon Revocation of Suspended Sentences Introduction In the landmark case State of Montana v. Craig William Frazier, 306 Mont....

State of Montana v. Van Kirk: Establishing a New Harmless Error Standard

Date: Sep 7, 2001

State of Montana v. Van Kirk: Establishing a New Harmless Error Standard Supreme Court of Montana, 2001 Introduction In State of Montana v. Van Kirk (306 Mont. 215, 2001), the Supreme Court of...

Montana Supreme Court Refines Easement Scope: Guthrie v. Hardy

Date: Jul 24, 2001

Montana Supreme Court Refines Easement Scope: Guthrie v. Hardy Introduction The case of Joseph A. Guthrie, Jr., and Carol W. Guthrie v. Brett F. Hardy presents a pivotal moment in Montana property...

Affirmation of Convictions for Attempted Deliberate Homicide, Escape, and Felony Assault in State of Montana v. Martin; Reversal of Felony Theft Conviction

Date: May 11, 2001

Affirmation of Convictions for Attempted Deliberate Homicide, Escape, and Felony Assault in State of Montana v. Martin; Reversal of Felony Theft Conviction Introduction State of Montana v. James Gene...

Mandatory Probable Cause Hearings in Probation Revocations: Insights from STATE OF MONTANA v. BRYAN GOEBEL

Date: Apr 27, 2001

Mandatory Probable Cause Hearings in Probation Revocations: Insights from STATE OF MONTANA v. BRYAN GOEBEL Introduction The landmark case of STATE OF MONTANA v. BRYAN GOEBEL, decided by the Supreme...

Affirmation of Sanctions for Vexatious Multiplication of Legal Proceedings Under § 37-61-421 MCA

Date: Mar 23, 2001

Affirmation of Sanctions for Vexatious Multiplication of Legal Proceedings Under § 37-61-421 MCA Introduction The case IN THE MATTER OF THE ESTATE OF SHIRLEY L. BAYERS, A Protected Person (No....

Supreme Court of Montana Establishes Boundaries on Municipal Ordinances Affecting Judicial Independence

Date: Mar 21, 2001

Supreme Court of Montana Establishes Boundaries on Municipal Ordinances Affecting Judicial Independence Introduction In the landmark case of Patricia Carlson v. City of Bozeman, the Supreme Court of...

Investigatory Stops and Canine Sniffs: Establishing Limits under Montana Law

Date: Dec 13, 2000

Investigatory Stops and Canine Sniffs: Establishing Limits under Montana Law Introduction State of Montana v. Debbie Carlson is a pivotal case adjudicated by the Supreme Court of Montana on December...

Application of Savings Clause in Statute of Limitations: Fisher v. First Citizens Bank

Date: Dec 8, 2000

Application of Savings Clause in Statute of Limitations: Fisher v. First Citizens Bank Introduction In the landmark case of Harry Fisher v. First Citizens Bank, the Supreme Court of Montana addressed...

Montana Supreme Court Enhances Privacy Protections in Vehicular Searches: State v. Elison

Date: Nov 17, 2000

Montana Supreme Court Enhances Privacy Protections in Vehicular Searches: State v. Elison Introduction In State of Montana v. Gregory Elison (302 Mont. 228, 2000), the Supreme Court of Montana...

Montana Supreme Court Affirms Requirement of Particularized Suspicion in Traffic Stops

Date: Oct 3, 2000

Montana Supreme Court Affirms Requirement of Particularized Suspicion in Traffic Stops Introduction In State of Montana v. Scott David Farabee (302 Mont. 29), the Supreme Court of Montana addressed...

Montana Supreme Court Establishes Judicial Autonomy Over District Court Reporters

Date: Sep 27, 2000

Montana Supreme Court Establishes Judicial Autonomy Over District Court Reporters Introduction The case of Board of County Commissioners of Lewis and Clark County v. Montana First Judicial District...

Interpretation of "PURCHASER'S Profit" in Contract for Deeds: Establishing New Precedents in Montana Law

Date: Sep 22, 2000

Interpretation of "PURCHASER'S Profit" in Contract for Deeds: Establishing New Precedents in Montana Law Introduction The case of Lyle K. Opus and Barbara M. Opus v. Robert Fritz and Norma Fritz,...