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  • Commentaries
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Montana Case Commentaries

Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Date: May 7, 2025
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees Introduction In Marriage of Urell, 2025 MT 95N, the Supreme Court of Montana reviewed a...
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Date: May 1, 2025
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers Introduction In Guardianship of A.D.H., the Supreme Court of Montana addressed whether a guardianship...
Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation

Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation

Date: Apr 30, 2025
Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation Introduction The Montana Supreme Court’s decision in State v. Loera, 2025 MT 84, clarifies two important...
Judicial Limits on Post-Plea Charge Modification: State v. Partain

Judicial Limits on Post-Plea Charge Modification: State v. Partain

Date: Apr 30, 2025
Judicial Limits on Post-Plea Charge Modification: State v. Partain Introduction The Supreme Court of Montana’s decision in State v. Partain (2025 MT 83) addresses fundamental questions about the...
Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements

Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements

Date: Apr 30, 2025
Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements Introduction Clark v. State, 2025 MT 87, is a decision of the Supreme Court of Montana addressing...
Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees

Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees

Date: Apr 30, 2025
Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees Introduction This commentary examines the Supreme Court of Montana’s decision in City of Missoula v. S....
Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance

Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance

Date: Apr 30, 2025
Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance Introduction In Seymour v. State, 2025 MT 88, the Supreme Court of Montana addressed whether a plaintiff in a...
Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet

Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet

Date: Apr 30, 2025
Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet Introduction In Estate of Richard E. Paul (2025 MT 86), the Montana Supreme Court...
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Date: Apr 23, 2025
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law Introduction This commentary examines the Supreme Court of Montana’s decision in Estate of Estel Neven Zugg (2025...
Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Date: Apr 23, 2025
Strict Compliance with Montana Service-of-Process Rules: Warner v. State Introduction Warner v. State, decided by the Supreme Court of Montana on April 22, 2025 (2025 MT 80N), arose from a pro se...
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Date: Apr 23, 2025
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge Introduction In State v. Rutledge, 2025 MT 79N, the Supreme Court of Montana addressed...
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Date: Apr 23, 2025
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations Introduction In Matter of L.S., Youth (2025 MT 77), the Supreme Court of Montana considered whether a...
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Date: Apr 23, 2025
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law Introduction In Choteau Acantha Publishing, Inc. and Montana Free Press v. Greg Gianforte and Jennifer Stutz (2025 MT 76),...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Date: Apr 16, 2025
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

Date: Apr 16, 2025
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

Date: Apr 9, 2025
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards Introduction In State of Montana v. Justin Dean Kalina, 2025 MT 70, the Montana Supreme...
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Date: Apr 9, 2025
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation Introduction In Shelton v. State of Montana, 2025 MT 71, the...
Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings

Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings

Date: Mar 14, 2025
Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings Introduction The case of IN RE THE ORDER OF PROTECTION OF: TEDDEE HARRIS CUOMO, Petitioner and Appellant, v....
Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders

Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders

Date: Mar 14, 2025
Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders Introduction The case of Frank A. Apecella and Shirlynne Apecella versus Lillian A. Overman and Larry Robinson,...
Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan

Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan

Date: Mar 14, 2025
Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan Introduction The case of State of Montana v. Thomas Joseph Brennan (2025 MT 46) has now set...
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