Montana Case Commentaries

Establishing Public Highway Status and Preserving Easement Rights: A Comprehensive Analysis of McCauley et al. v. Thompson-Nistler et al.

Date: Aug 11, 2000

Establishing Public Highway Status and Preserving Easement Rights: A Comprehensive Analysis of McCauley et al. v. Thompson-Nistler et al. Introduction The case of McCauley et al. v. Thompson-Nistler...

Foreseeability Determines Duty in Negligence: Poole v. Poole

Date: May 5, 2000

Foreseeability Determines Duty in Negligence: Poole v. Poole Introduction In the landmark case of Mary Poole, Guardian and Conservator for minor child, David Meyer, Jr. v. Donald Poole, decided by...

Temporary Investigative Authority and Protective Services in Child Welfare: Montana Supreme Court Affirms District Court’s Decision

Date: Feb 16, 2000

Temporary Investigative Authority and Protective Services in Child Welfare: Montana Supreme Court Affirms District Court’s Decision Introduction The case In the Matter of B.P. and A.P., Youths in...

Affirmation of Express Easements by Reservation in Subdivision Plats: Virginia City Ranches Decision

Date: Jan 21, 2000

Affirmation of Express Easements by Reservation in Subdivision Plats: Virginia City Ranches Decision Introduction In the landmark case of Carl and Barbara Pearson et al. v. Virginia City Ranches...

Smith v. County of Missoula: Clarifying Sheriff's Discretion in Concealed Weapon Permit Denials

Date: Dec 24, 1999

Smith v. County of Missoula: Clarifying Sheriff's Discretion in Concealed Weapon Permit Denials Introduction Smith v. County of Missoula is a landmark decision by the Supreme Court of Montana,...

Preservation of Privacy After Fire-Related Entries: Montana Supreme Court Establishes Limits on Warrantless Police Searches

Date: May 25, 1999

Preservation of Privacy After Fire-Related Entries: Montana Supreme Court Establishes Limits on Warrantless Police Searches Introduction STATE OF MONTANA v. STEPHEN LEWIS BASSETT is a landmark...

Establishing Particularized Suspicion: State of Montana v. Leonard Leroy Roberts

Date: Mar 26, 1999

Establishing Particularized Suspicion: State of Montana v. Leonard Leroy Roberts Introduction State of Montana v. Leonard Leroy Roberts is a pivotal case adjudicated by the Supreme Court of Montana...

Duty to Notify Insureds of Policy Changes: Montana Supreme Court Establishes New Precedent

Date: Jan 1, 1999

Duty to Notify Insureds of Policy Changes: Montana Supreme Court Establishes New Precedent Introduction The case of Peter J. Thomas and Leonard L. Thomas, doing business as Stan Sons Plumbing...

State v. Jarman: Defining the Limits of Particularized Suspicion in Vehicle Stops

Date: Nov 13, 1998

State v. Jarman: Defining the Limits of Particularized Suspicion in Vehicle Stops Introduction State of Montana v. Chester Jarman is a landmark case adjudicated by the Supreme Court of Montana on...

Probable Cause Standards for Out-of-Jurisdiction Police Stops: State v. Williamson

Date: Aug 14, 1998

Probable Cause Standards for Out-of-Jurisdiction Police Stops: State v. Williamson Introduction State of Montana v. Russell Lee Williamson ([290 Mont. 321](#)), adjudicated by the Supreme Court of...

Accountability in Deliberate Homicide: Affirming Conviction Based on Circumstantial Evidence

Date: Jul 16, 1998

Accountability in Deliberate Homicide: Affirming Conviction Based on Circumstantial Evidence Introduction The case of State of Montana v. Jerry Lantis (289 Mont. 480) adjudicated by the Supreme Court...

Field Sobriety Tests Constitute Searches Requiring Particularized Suspicion: Analysis of Mary Iris Hulse v. State of Montana

Date: May 6, 1998

Field Sobriety Tests Constitute Searches Requiring Particularized Suspicion: Analysis of Mary Iris Hulse v. State of Montana Introduction The case of Mary Iris Hulse v. State of Montana addresses...

Exigent Circumstances in Warrantless Searches: Insights from State v. Wakeford

Date: Jan 31, 1998

Exigent Circumstances in Warrantless Searches: Insights from State of Montana v. Wakeford Introduction The case of State of Montana v. Daniel Allan Wakeford, decided by the Supreme Court of Montana...

Procedural Pathways for Appealing Judicial Orders: Analysis of In Re District Court Budget Order, 287 Mont. 137

Date: Jan 14, 1998

Procedural Pathways for Appealing Judicial Orders: Analysis of In Re District Court Budget Order, 287 Mont. 137 Introduction The case In Re District Court Budget Order, adjudicated by the Supreme...

Montana Supreme Court Establishes Insurer's Obligation to Pay Medical Expenses When Liability is Reasonably Clear under MCA § 33-18-201

Date: Dec 25, 1997

Montana Supreme Court Establishes Insurer's Obligation to Pay Medical Expenses When Liability is Reasonably Clear under MCA § 33-18-201 Introduction In Keith Ridley v. Guaranty National Insurance...

Retroactive Consent Does Not Validate Unlawful Searches: Insights from STATE OF MONTANA v. HUBBEL

Date: Dec 19, 1997

Retroactive Consent Does Not Validate Unlawful Searches: Insights from STATE OF MONTANA v. HUBBEL Introduction STATE OF MONTANA v. Wesley Carter Hubbel (286 Mont. 200) is a seminal case in Montana's...

Reaffirming Investigatory Stop Standards and DUI Conviction Considerations in STATE OF MONTANA v. KENT JAMES PRATT

Date: Dec 17, 1997

Reaffirming Investigatory Stop Standards and DUI Conviction Considerations in STATE OF MONTANA v. KENT JAMES PRATT Introduction STATE OF MONTANA v. KENT JAMES PRATT, 286 Mont. 156 (1997), is a...

Montana Privacy Protection Enhanced: State v. Nelson Establishes Probable Cause Requirement for Investigative Subpoenas of Medical Records

Date: Jun 25, 1997

Montana Privacy Protection Enhanced: State v. Nelson Establishes Probable Cause Requirement for Investigative Subpoenas of Medical Records Introduction State of Montana v. James Nelson, 283 Mont. 231...

Judicial Discretion in Maintenance Awards: Comprehensive Analysis of In Re The Marriage of Shawn Lee et al.

Date: May 14, 1997

Judicial Discretion in Maintenance Awards: Comprehensive Analysis of In Re The Marriage of Shawn Lee, Petitioner and Respondent, and Lisa Kerry Lee, Respondent and Appellant. Introduction The case of...

Establishment of Private Prescriptive Easements in Montana: Kessinger v. Matulevich

Date: Oct 23, 1996

Establishment of Private Prescriptive Easements in Montana: Kessinger v. Matulevich Introduction Kessinger v. Matulevich is a landmark case adjudicated by the Supreme Court of Montana on October 22,...