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  • Commentaries
  • Judgments

Montana Case Commentaries

Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ

Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ

Date: Mar 14, 2025
Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ Introduction The Montana Supreme Court issued a memorandum opinion...
Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment

Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment

Date: Mar 14, 2025
Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment Introduction The case of FLATHEAD HIGH SCHOOL CLASS OF 1973 REUNION COMMITTEE v. DEBORA STANDLEY...
Strict Adherence to the Two-Thirds Renewal Standard in Subdivision Covenants

Strict Adherence to the Two-Thirds Renewal Standard in Subdivision Covenants

Date: Mar 12, 2025
Strict Adherence to the Two-Thirds Renewal Standard in Subdivision Covenants Introduction In the case of CHARLIE'S WIN, LLC v. GALLATIN WEST RANCH HOMEOWNERS' ASSOCIATION, INC. (2025 MT 47), the...
New Precedent in Informal Domestic Relations Trials and Parenting Plan Formulation

New Precedent in Informal Domestic Relations Trials and Parenting Plan Formulation

Date: Mar 2, 2025
New Precedent in Informal Domestic Relations Trials and Parenting Plan Formulation Introduction The case of In re the Parenting of F.L.F.L.K. Christopher J. Lamm sets forth new principles regarding...
Clarifying Termination of Parental Rights in Substance Abuse Cases: A Comprehensive Analysis of A.R., A Youth in Need of Care (2025 MT 39)

Clarifying Termination of Parental Rights in Substance Abuse Cases: A Comprehensive Analysis of A.R., A Youth in Need of Care (2025 MT 39)

Date: Mar 2, 2025
Clarifying Termination of Parental Rights in Substance Abuse Cases: A Comprehensive Analysis of A.R., A Youth in Need of Care (2025 MT 39) Introduction This commentary examines the Montana Supreme...
Clarifying the Application of Best Interest Factors in Parenting Plan Determinations under § 40-4-212, MCA

Clarifying the Application of Best Interest Factors in Parenting Plan Determinations under § 40-4-212, MCA

Date: Mar 2, 2025
Clarifying the Application of Best Interest Factors in Parenting Plan Determinations under § 40-4-212, MCA Introduction The case “IN RE THE PARENTING OF E.O. v. DANIEL T. O'GORMAN” involves a complex...
Enforcement of Easement Rights: Affirming Remedies for Water Misappropriation and Trespass

Enforcement of Easement Rights: Affirming Remedies for Water Misappropriation and Trespass

Date: Mar 2, 2025
Enforcement of Easement Rights: Affirming Remedies for Water Misappropriation and Trespass Introduction The case of Bradley C. Workman and Karen M. Workman v. Brian Kenneth Stainthorpe (2025 MT 38)...
Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases

Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases

Date: Mar 2, 2025
Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases Introduction The case of State of Montana v. Kevin Charles Walla (2025 MT...
Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief

Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief

Date: Feb 20, 2025
Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief Introduction The Judgment in the case of Bill B. Bokma v. Bob Olson, Program Administrator,...
Affirming Administrative Discretion in Floodplain Permit Review and Public Participation

Affirming Administrative Discretion in Floodplain Permit Review and Public Participation

Date: Feb 20, 2025
Affirming Administrative Discretion in Floodplain Permit Review and Public Participation Introduction The Supreme Court of Montana recently rendered a pivotal decision in the case of Protect the...
Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions

Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions

Date: Feb 20, 2025
Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions Introduction The Montana Supreme Court’s decision in the matter of the Estate of Warren Dan Eddleman...
The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases

The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases

Date: Feb 20, 2025
The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases Introduction In the case of CB1, d/b/a CBB COLLECTIONS v. Hove, the Supreme Court...
Clarifying Standing and Discretion in Sentencing Enhancements for Sexual Abuse Cases

Clarifying Standing and Discretion in Sentencing Enhancements for Sexual Abuse Cases

Date: Feb 12, 2025
Clarifying Standing and Discretion in Sentencing Enhancements for Sexual Abuse Cases Introduction The case of State of Montana v. Garrett Alan Lee, 2025 MT 30 introduces a significant precedent...
The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials

The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials

Date: Feb 12, 2025
The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials Introduction The case of State of Montana v. Beau Avidiya (2025 MT 31) before the Montana Supreme Court centers...
Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions

Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions

Date: Feb 12, 2025
Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions Introduction The case of ROGER and THERESE HUTCHINSON v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and JOHN HOLT...
Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis

Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis

Date: Feb 12, 2025
Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis Introduction The Montana Supreme Court’s memorandum opinion in State of Montana, Plaintiff and...
Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions

Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions

Date: Feb 12, 2025
Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions Introduction The judgment in THOMAS C. WEINER, M.D. v. ST. PETER'S HEALTH et al. represents a...
Precluding Parental Inheritance Rights Under Montana's § 72-2-124 MCA

Precluding Parental Inheritance Rights Under Montana's § 72-2-124 MCA

Date: Feb 8, 2025
Precluding Parental Inheritance Rights Under Montana's § 72-2-124 MCA Introduction The case of In re the Estate of M.A.C., Deceased Minor (2025 MT 23) presents a significant legal determination by...
Montana Supreme Court Upholds Discretion in Sexual Offender Tier Designation: State of Montana v. Joseph Eugene Garcia

Montana Supreme Court Upholds Discretion in Sexual Offender Tier Designation: State of Montana v. Joseph Eugene Garcia

Date: Feb 8, 2025
Montana Supreme Court Upholds Discretion in Sexual Offender Tier Designation: State of Montana v. Joseph Eugene Garcia Introduction In the landmark case State of Montana v. Joseph Eugene Garcia, the...
Montana Supreme Court Limits Scope of Public Access Easements in Subdivision Road Dispute

Montana Supreme Court Limits Scope of Public Access Easements in Subdivision Road Dispute

Date: Feb 8, 2025
Montana Supreme Court Limits Scope of Public Access Easements in Subdivision Road Dispute Introduction The Supreme Court of Montana recently adjudicated a pivotal case, GBSB Holding, LLC v. Flathead...
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