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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits

Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits

Date: Jan 4, 2025
Montana Supreme Court Establishes Enhanced MEPA Obligations for State Agencies in Air Quality Permits Introduction The case of Montana Environmental Information Center and Sierra Club v. Montana...
Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations

Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations

Date: Jan 3, 2025
Montana Supreme Court Establishes Limited Gubernatorial Privilege Protecting Executive Deliberations Introduction In the landmark case of Jayson O'Neill v. Greg Gianforte, the Supreme Court of...
Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA

Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA

Date: Jan 3, 2025
Montana Supreme Court Upholds DNRC’s Interpretation of Mine Dewatering Under MWUA Introduction In the landmark case of Montana Trout Unlimited et al. v. Montana Department of Natural Resources and...
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Date: Dec 26, 2024
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief Introduction In the case of Jace Cade Zeiler, Petitioner and Appellant, v. State of Montana,...
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Date: Dec 26, 2024
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent Introduction The Supreme Court of Montana delivered a pivotal decision...
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Date: Dec 26, 2024
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees Introduction In the landmark case of Craig Baugh v. H2S2, LLC (2024 MT 314),...
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Date: Dec 26, 2024
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas Introduction The case of State of Montana v. Zechariah Justin Daniel Smith (2024 MT 316) presents a significant...
Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers

Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers

Date: Dec 23, 2024
Montana Supreme Court Upholds Legislative Restrictions on Local Initiatives Regulating Auxiliary Containers Introduction In the landmark case of Cottonwood Environmental Law Center et al. v. State of...
Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana

Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana

Date: Dec 23, 2024
Mental Health Implications in Juvenile Justice: An In-Depth Analysis of Mark v. Montana Introduction In the landmark case of Mark v. Montana, the Supreme Court of Montana addressed critical issues...
Affirmation of Conviction in State v. Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine

Affirmation of Conviction in State v. Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine

Date: Dec 19, 2024
Affirmation of Conviction in State of Montana v. Brian Robert Benedict: Examination of Mistrial Motions and Cumulative Error Doctrine Introduction In the case of State of Montana v. Brian Robert...
Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA

Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA

Date: Dec 19, 2024
Montana Supreme Court Clarifies Warrant Service Under §46-5-225, MCA Introduction In the landmark case of State of Montana v. Yanbin Bao (2024 MT 308), the Supreme Court of Montana addressed a...
Risher v. State: Clarifying Credit for Time Served in Montana

Risher v. State: Clarifying Credit for Time Served in Montana

Date: Dec 19, 2024
Risher v. State: Clarifying Credit for Time Served in Montana Introduction In the landmark case of State of Montana v. Tyrone Lee Risher (2024 MT 309), the Supreme Court of Montana addressed...
Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases

Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases

Date: Dec 19, 2024
Affirmation of Out-of-State DUI Convictions for Sentence Enhancement in DUI Cases Introduction The case of City of Missoula v. Mark Follweiler (2024 MT 311) revolves around the application of...
Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case

Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case

Date: Dec 19, 2024
Montana Supreme Court Reverses Overbroad Probation Conditions in PFMA Case Introduction The State of Montana appealed against Christopher Robin Ledeau, challenging the imposition of specific...
Montana Supreme Court Establishes Standards for Conversion and Constructive Trust in Estate Proceedings

Montana Supreme Court Establishes Standards for Conversion and Constructive Trust in Estate Proceedings

Date: Dec 19, 2024
Montana Supreme Court Establishes Standards for Conversion and Constructive Trust in Estate Proceedings Introduction In the landmark case of In re the Estate of Robert Brenden, Rod Brenden, Personal...
Affirmation of Johnson v. State: Clarifying Confrontation Rights in Admitting 911 Calls

Affirmation of Johnson v. State: Clarifying Confrontation Rights in Admitting 911 Calls

Date: Dec 19, 2024
Affirmation of Johnson v. State: Clarifying Confrontation Rights in Admitting 911 Calls Introduction In the landmark case State of Montana v. Heather Rose Johnson (2024 MT 306), the Supreme Court of...
Montana Supreme Court Reinforces Standards for Self-Representation and Upholds Confrontation Rights Against Remote Testimony

Montana Supreme Court Reinforces Standards for Self-Representation and Upholds Confrontation Rights Against Remote Testimony

Date: Dec 19, 2024
Montana Supreme Court Reinforces Standards for Self-Representation and Upholds Confrontation Rights Against Remote Testimony Introduction In the landmark case of State of Montana v. Lavodrick Terelle...
Statute of Frauds and Unjust Enrichment in Property Quieting Title Actions: Comprehensive Analysis of Taylor v. Taylor (2024)

Statute of Frauds and Unjust Enrichment in Property Quieting Title Actions: Comprehensive Analysis of Taylor v. Taylor (2024)

Date: Dec 14, 2024
Statute of Frauds and Unjust Enrichment in Property Quieting Title Actions: Comprehensive Analysis of Taylor v. Taylor (2024) Introduction Taylor v. Taylor (2024 MT 297) is a significant case...
Denying Suppression Hearings and the "Opening the Door" Doctrine: Insights from State v. Reinke

Denying Suppression Hearings and the "Opening the Door" Doctrine: Insights from State v. Reinke

Date: Dec 14, 2024
Denying Suppression Hearings and the "Opening the Door" Doctrine: Insights from State v. Reinke Introduction In the case of State of Montana v. Frank Wayne Reinke (2024 MT 299), the Supreme Court of...
Montana Supreme Court Clarifies Speedy Trial Rights: Defendant's Extensive Motion Practice May Indicate Lack of Interest in Quick Proceedings

Montana Supreme Court Clarifies Speedy Trial Rights: Defendant's Extensive Motion Practice May Indicate Lack of Interest in Quick Proceedings

Date: Dec 14, 2024
Montana Supreme Court Clarifies Speedy Trial Rights: Defendant's Extensive Motion Practice May Indicate Lack of Interest in Quick Proceedings Introduction In the case of State of Montana v. Skyler L....
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