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  • Commentaries
  • Judgments

Montana Case Commentaries

Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Date: Jun 10, 2025
Estate of Neal v. Eighth Judicial District Court: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA Introduction In Estate of Neal v. Eighth Judicial District Court, 2025 MT __, the...
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Date: Jun 10, 2025
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure Introduction This commentary examines the Supreme Court of Montana’s Order in Jing v. 13th Judicial District Court, OP...
Independent Termination of Parental Rights Under MCA §41-3-609

Independent Termination of Parental Rights Under MCA §41-3-609

Date: Jun 10, 2025
Independent Termination of Parental Rights Under MCA §41-3-609 Introduction This commentary examines the Supreme Court of Montana’s decision in Matter of B.J.B., YINC (2025 MT 116), which clarifies...
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Date: Jun 10, 2025
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W., YINC (2025 MT 114) Introduction Matter of P.E.W., decided by the Supreme Court of...
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

Date: Jun 10, 2025
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks Introduction Mullee v. Winter Sports, Inc., 2025 MT 113, is a Supreme Court of Montana decision clarifying the limits of a ski operator’s...
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Date: Jun 10, 2025
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases Introduction State of Montana v. Darren Charles DeMarie (2025 MT 115) arises from a bench trial in Powell...
Clarifying the Elements and Limits of Intimidation: State v. T. Dellar

Clarifying the Elements and Limits of Intimidation: State v. T. Dellar

Date: May 28, 2025
Clarifying the Elements and Limits of Intimidation: State v. T. Dellar Introduction State of Montana v. Tommy Jonathan Seth Dellar, decided May 27, 2025, by the Supreme Court of Montana, establishes...
Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions

Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions

Date: May 28, 2025
Application of the Plain View Doctrine to Flashlight‐Illuminated Vehicle Searches and Multiple UPIS Convictions Introduction State v. Roberts, 2025 MT 110 (Mont. 2025), presents two interrelated...
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Date: May 28, 2025
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority Introduction This commentary examines the Supreme Court of Montana’s decision in Z.M.L. v....
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

Date: May 28, 2025
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent Introduction The Supreme Court of Montana reviewed the appeal of Donna Elizabeth...
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor

Date: May 21, 2025
Material Fact Disputes Preclude Summary Judgment in Premises Liability: Stalowy v. Missoula Manor Introduction In Stalowy v. Missoula Manor Home, 2025 MT 108N, decided May 20, 2025, the Montana...
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Date: May 21, 2025
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences Introduction In State v. Robert Ronald Brady, 2025 MT 105, the Supreme Court of Montana...
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Date: May 21, 2025
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases Introduction The Supreme Court of Montana in State v. Paul Kermit Gysler (2025...
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Date: May 21, 2025
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths 1. Introduction The Supreme Court of Montana’s decision in State of Montana v. Joseph Edward Knowles, 2025 MT...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings

Date: May 14, 2025
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence

Date: May 14, 2025
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence Introduction In State v. Ament, 2025 MT 97, the Supreme Court of Montana addressed...
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Date: May 14, 2025
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings Introduction Williams v. Green, 2025 MT 102 (Mont. May 13, 2025), presents an important interpretive ruling...
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Date: May 14, 2025
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations Introduction State of Montana v. William James Pillans (2025 MT 100) is a Supreme Court of Montana decision clarifying...
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
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