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  • Commentaries
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Montana Case Commentaries

Affirmation of Prosecutorial Immunity and Proper Defendant Designation in Civil Tort Litigation

Affirmation of Prosecutorial Immunity and Proper Defendant Designation in Civil Tort Litigation

Date: Dec 14, 2024
Affirmation of Prosecutorial Immunity and Proper Defendant Designation in Civil Tort Litigation Introduction In the case of Walter Joey Overstreet v. Eric Fetterhoff et al., the plaintiff, Walter...
Montana Supreme Court Upholds Denial of Speedy Trial Motion in Lehrkamp Case

Montana Supreme Court Upholds Denial of Speedy Trial Motion in Lehrkamp Case

Date: Dec 14, 2024
Montana Supreme Court Upholds Denial of Speedy Trial Motion in Lehrkamp Case Introduction In the landmark case State of Montana v. Scott Alan Lehrkamp, the Supreme Court of Montana addressed the...
Montana Supreme Court Establishes Precedent on Probable Cause Timeliness and Sentence Consistency

Montana Supreme Court Establishes Precedent on Probable Cause Timeliness and Sentence Consistency

Date: Dec 14, 2024
Montana Supreme Court Establishes Precedent on Probable Cause Timeliness and Sentence Consistency Introduction In the landmark decision State of Montana v. Dustin Lee Seyler, the Montana Supreme...
Affirmation of Denial of Motion to Suppress in Drug Possession Case: Insights from STATE OF MONTANA v. LAWRENCE JOHN JAKUB

Affirmation of Denial of Motion to Suppress in Drug Possession Case: Insights from STATE OF MONTANA v. LAWRENCE JOHN JAKUB

Date: Dec 14, 2024
Affirmation of Denial of Motion to Suppress in Drug Possession Case: Insights from State of Montana v. Lawrence John Jakub Introduction The case of State of Montana v. Lawrence John Jakub (2024 MT...
Montana Supreme Court Upholds Preliminary Injunction Against SB 99: Reinforcing the Right to Privacy in Gender-Affirming Care for Minors

Montana Supreme Court Upholds Preliminary Injunction Against SB 99: Reinforcing the Right to Privacy in Gender-Affirming Care for Minors

Date: Dec 14, 2024
Montana Supreme Court Upholds Preliminary Injunction Against SB 99: Reinforcing the Right to Privacy in Gender-Affirming Care for Minors Introduction The case of Phoebe Cross et al. v. State of...
Affirmation of Effective Voir Dire Procedures: Analysis of Montana Supreme Court's Decision in Hardman v. State

Affirmation of Effective Voir Dire Procedures: Analysis of Montana Supreme Court's Decision in Hardman v. State

Date: Dec 14, 2024
Affirmation of Effective Voir Dire Procedures: Analysis of Montana Supreme Court's Decision in Hardman v. State Introduction In Hardman v. State, the Montana Supreme Court addressed critical issues...
Montana Supreme Court Establishes Limits on Treatment Court Mandates in Sentencing

Montana Supreme Court Establishes Limits on Treatment Court Mandates in Sentencing

Date: Dec 14, 2024
Montana Supreme Court Establishes Limits on Treatment Court Mandates in Sentencing Introduction In the landmark case of State of Montana v. Pablo Antonio Villalobos (2024 MT 301), the Supreme Court...
Exhaustion of Administrative Remedies in Public Employee Labor Practices: Insights from City of Great Falls v. International Association of Firefighters, Local #8

Exhaustion of Administrative Remedies in Public Employee Labor Practices: Insights from City of Great Falls v. International Association of Firefighters, Local #8

Date: Dec 14, 2024
Exhaustion of Administrative Remedies in Public Employee Labor Practices: Insights from City of Great Falls v. International Association of Firefighters, Local #8 Introduction The Montana Supreme...
Montana Supreme Court Affirms Time-Barred Claims and Legislative Control Over P.L. 280 Reimbursements in Lake County v. State of Montana

Montana Supreme Court Affirms Time-Barred Claims and Legislative Control Over P.L. 280 Reimbursements in Lake County v. State of Montana

Date: Dec 9, 2024
Montana Supreme Court Affirms Time-Barred Claims and Legislative Control Over P.L. 280 Reimbursements in Lake County v. State of Montana Introduction In the landmark case of Lake County v. State of...
Revocation of Suspended Sentence for Absconding: Analysis of State v. Headdress

Revocation of Suspended Sentence for Absconding: Analysis of State v. Headdress

Date: Dec 9, 2024
Revocation of Suspended Sentence for Absconding: Analysis of State of Montana v. Headdress Introduction State of Montana v. Craig Thomas Headdress, 2024 MT 285, is a significant case adjudicated by...
Strict Compliance Required for Persistent Felony Offender Designation: Insights from State v. Ned Bryant Gardner

Strict Compliance Required for Persistent Felony Offender Designation: Insights from State v. Ned Bryant Gardner

Date: Dec 9, 2024
Strict Compliance Required for Persistent Felony Offender Designation: Insights from State of Montana v. Ned Bryant Gardner Introduction In State of Montana v. Ned Bryant Gardner, the Supreme Court...
The Duty to Preserve Arguments for Appeal: A Comprehensive Analysis of MT 289

The Duty to Preserve Arguments for Appeal: A Comprehensive Analysis of MT 289

Date: Dec 9, 2024
The Duty to Preserve Arguments for Appeal: A Comprehensive Analysis of State of Montana v. Nancy Jeanne Cahoon (2024 MT 289) Introduction State of Montana v. Nancy Jeanne Cahoon (2024 MT 289) is a...
Analysis of STATE OF MONTANA v. RYAN HILL: Procedural Adherence in Sentence Revocation

Analysis of STATE OF MONTANA v. RYAN HILL: Procedural Adherence in Sentence Revocation

Date: Dec 9, 2024
Procedural Adherence in Sentence Revocation: An In-Depth Analysis of STATE OF MONTANA v. RYAN HILL Introduction The case of STATE OF MONTANA v. RYAN HILL delves into the intricacies of the appellate...
Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination

Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination

Date: Dec 8, 2024
Montana Supreme Court Reaffirms Arbitration Authority in Police Employment Termination Introduction The Montana Supreme Court recently adjudicated a pivotal case involving the termination of Rhonda...
Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling

Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling

Date: Dec 8, 2024
Montana Supreme Court Upholds Venue in Felony Theft Case: State v. Dooling Introduction In the case of State of Montana v. Saul James Dooling (2024 MT 286), the Supreme Court of Montana addressed a...
Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis

Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis

Date: Dec 8, 2024
Affirmation of Order of Protection in DuCharme v. Brick: A Comprehensive Analysis Introduction DuCharme v. Brick (2024 MT 288) represents the sixth judicial appearance of Jennifer Brick before the...
Extended Protections in Stalking Cases: Vanisko v. Richardson

Extended Protections in Stalking Cases: Vanisko v. Richardson

Date: Dec 8, 2024
Extended Protections in Stalking Cases: Vanisko v. Richardson Introduction In the case of Michelle Hollcraft Vanisko v. Brad Rae Richardson (2024 MT 287), the Supreme Court of Montana addressed the...
Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA

Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA

Date: Nov 27, 2024
Strengthening Standards for Ineffective Assistance of Counsel and Brady Claims in Postconviction Relief: Insights from WES ADAMS v. STATE OF MONTANA Introduction The case of WES ADAMS v. STATE OF...
Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements

Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements

Date: Nov 27, 2024
Montana Supreme Court Clarifies Court's Authority Over Arbitrability in Arbitration Agreements Introduction The case of Bluebird Property Rentals, LLC and Alaina Garcia v. World Business Lenders, LLC...
Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON

Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON

Date: Nov 27, 2024
Withdrawal of Admissions and Harmless Error in Sentencing Revocation: Analysis of STATE OF MONTANA v. SETH JOSEPH JOHNSON Introduction The case of State of Montana v. Seth Joseph Johnson (2024 MT...
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