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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Affirms Enforcement of Marital Property Settlement Agreement: No Additional Payments or Attorney's Fees Awarded

Montana Supreme Court Affirms Enforcement of Marital Property Settlement Agreement: No Additional Payments or Attorney's Fees Awarded

Date: Feb 5, 2025
Montana Supreme Court Affirms Enforcement of Marital Property Settlement Agreement: No Additional Payments or Attorney's Fees Awarded Introduction The case of In re the Marriage of Joseph Ghahari and...
Reinstatement of Conviction Post-Habeas Corpus Reversal: Insights from State v. Garding

Reinstatement of Conviction Post-Habeas Corpus Reversal: Insights from State v. Garding

Date: Feb 5, 2025
Reinstatement of Conviction Post-Habeas Corpus Reversal: Insights from State v. Garding Introduction State v. Katie Irene Garding is a landmark decision by the Supreme Court of Montana issued on...
Montana Supreme Court Establishes Strict Requirements for Termination of Parental Rights Under § 41-3-609(1)(f), MCA

Montana Supreme Court Establishes Strict Requirements for Termination of Parental Rights Under § 41-3-609(1)(f), MCA

Date: Feb 5, 2025
Montana Supreme Court Establishes Strict Requirements for Termination of Parental Rights Under § 41-3-609(1)(f), MCA Introduction The Supreme Court of Montana delivered a memorandum opinion in the...
Strict Enforcement of Restrictive Covenants in Residential Subdivisions

Strict Enforcement of Restrictive Covenants in Residential Subdivisions

Date: Feb 5, 2025
Strict Enforcement of Restrictive Covenants in Residential Subdivisions Introduction The case of Scott Larsen and Karen Larsen v. Keith Sayers and Danielle Sayers addresses the enforcement of...
Montana Supreme Court Upholds Public Access to Junque Files and Enforces Appellate Procedural Compliance

Montana Supreme Court Upholds Public Access to Junque Files and Enforces Appellate Procedural Compliance

Date: Feb 1, 2025
Montana Supreme Court Upholds Public Access to Junque Files and Enforces Appellate Procedural Compliance Introduction In the landmark case of Saslav v. Howe, decided on January 27, 2025, the Supreme...
Montana Supreme Court Sets Precedent on Legislative Access to Confidential Child Abuse Records Under MCA § 41-3-205

Montana Supreme Court Sets Precedent on Legislative Access to Confidential Child Abuse Records Under MCA § 41-3-205

Date: Jan 23, 2025
Montana Supreme Court Sets Precedent on Legislative Access to Confidential Child Abuse Records Under MCA § 41-3-205 Introduction In the landmark case of William W. Mercer v. Montana Department of...
Supreme Court of Montana Affirms District Court's Parenting Plan Modification in Anderson v. Anderson

Supreme Court of Montana Affirms District Court's Parenting Plan Modification in Anderson v. Anderson

Date: Jan 23, 2025
Supreme Court of Montana Affirms District Court's Parenting Plan Modification in Anderson v. Anderson Introduction In the case of In Re the Marriage of Benjamin J. Anderson and Kristin C. Anderson...
Dismissal of Injunctive Relief Claims in Paul Denis v. Cary Massey et al.

Dismissal of Injunctive Relief Claims in Paul Denis v. Cary Massey et al.

Date: Jan 23, 2025
Dismissal of Injunctive Relief Claims in Paul Denis v. Cary Massey et al. Introduction In the case of Paul Denis v. Cary Massey, Rose Gallagher, and Spanish Peaks Mountain Club (SPMC), decided on...
Montana Supreme Court Upholds Non-Modifiability of Felony Incest Sentences Despite Program Changes

Montana Supreme Court Upholds Non-Modifiability of Felony Incest Sentences Despite Program Changes

Date: Jan 23, 2025
Montana Supreme Court Upholds Non-Modifiability of Felony Incest Sentences Despite Program Changes Introduction In the landmark case State of Montana v. David Alan Damon, adjudicated in 2025, the...
Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N.

Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N.

Date: Jan 23, 2025
Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N. Introduction In In the Matter of: M.N. and M.N., Youths in Need of Care (2025 MT 13), the Montana...
Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA

Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA

Date: Jan 23, 2025
Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA Introduction The case of In Re the Parenting of: G.L.M.S. and T.L.S., Minor Children involves a dispute between Thomas...
Affirmation of Final Parenting Plan Based on Child's Best Interests

Affirmation of Final Parenting Plan Based on Child's Best Interests

Date: Jan 23, 2025
Affirmation of Final Parenting Plan Based on Child's Best Interests Introduction In the case titled IN RE THE PARENTING OF: T.R.L., Cassie Nez Perce appealed the District Court of the Sixteenth...
Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher

Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher

Date: Jan 23, 2025
Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher Introduction State of Montana v. David A. Boucher is a significant case adjudicated by the Supreme Court of Montana...
Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas

Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas

Date: Jan 23, 2025
Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas Introduction The case of State of Montana v. Ronald L. Golas (2025 MT 11) presents a pivotal examination of the procedural...
Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards

Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards

Date: Jan 19, 2025
Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards Introduction The case of State of Montana v. Charlotte Ann Wolfchild (2025 MT 7) addresses the scope of restitution...
Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children

Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children

Date: Jan 19, 2025
Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children Introduction In the landmark case In the Matter of: L.B. and R.B., Youths in Need of Care (2025 MT 6), the Supreme...
Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings

Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings

Date: Jan 19, 2025
Supreme Court of Montana Affirms Waiver of Jury Trial in Involuntary Civil Commitment Proceedings Introduction The case of W.J.B. v. Commonwealth ([2024 MT 8](#)) presents a critical examination of...
Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations

Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations

Date: Jan 13, 2025
Reversal of Elapsed Time Credit Denial in State v. Johnson Establishes Strict Requirements for Time Served Calculations Introduction In the case of State of Montana v. Kathan Devernon Johnson (2025...
Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon

Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon

Date: Jan 13, 2025
Supervisory Control Over Jurisdiction in Habeas Corpus Petitions: State of Montana v. McMahon Introduction The case State of Montana, Petitioner, v. Montana First Judicial District Court, Lewis and...
Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER

Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER

Date: Jan 13, 2025
Handling of Late Expert Witness Disclosure and Compulsion Defense in Criminal Mischief Cases: Commentary on STATE OF MONTANA v. MICHELE LARA LATTER Introduction STATE OF MONTANA v. MICHELE LARA...
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