Montana Case Commentaries

Stability Over Equal Time: No Requirement to Find “Detriment” Before Declining Equal Residential Parenting Under § 40-4-212, MCA

Date: Feb 27, 2026

Stability Over Equal Time: No Requirement to Find “Detriment” Before Declining Equal Residential Parenting Under § 40-4-212, MCA Introduction In re the Marriage of Cool, 2026 MT 38N, is a Montana...

Notice and Element-by-Element Proof Required Before the Water Court May Generate Implied Pre-1973 Use Rights Outside a Decreed Period of Use

Date: Feb 27, 2026

Notice and Element-by-Element Proof Required Before the Water Court May Generate Implied Pre-1973 Use Rights Outside a Decreed Period of Use Petrich Family Limited Partnership & Melin v. Trout...

Ambiguity Between “Bench-Trial” Jury Waivers and Permissive Arbitration Clauses Renders Arbitration Unenforceable in Montana

Date: Feb 26, 2026

Ambiguity Between “Bench-Trial” Jury Waivers and Permissive Arbitration Clauses Renders Arbitration Unenforceable in Montana Introduction In Bluebird Property Rentals, LLC and Alaina Garcia v. World...

Prison Time Is Service of Sentence, Not “Credit for Time Served”: No Double-Credit and No Parolee Elapsed-Time Credit

Date: Feb 26, 2026

Prison Time Is Service of Sentence, Not “Credit for Time Served”: No Double-Credit and No Parolee Elapsed-Time Credit Introduction In L. Short v. Salmonsen (Mont. Feb. 24, 2026), the Montana Supreme...

Repeated Custodial Flight as a Material Change Supporting Primary Placement and Progressive Supervised Contact (Mont. § 40-4-219, MCA)

Date: Feb 26, 2026

Repeated Custodial Flight as a Material Change Supporting Primary Placement and Progressive Supervised Contact (Mont. § 40-4-219, MCA) Case: In re the Parenting of L.D.K.-R. and H.I.K.-R., 2026 MT...

Due Process Notice and Element-by-Element Proof Required Before Generating Implied Water Right Claims Beyond a Decreed Period of Use

Date: Feb 26, 2026

Due Process Notice and Element-by-Element Proof Required Before Generating Implied Water Right Claims Beyond a Decreed Period of Use 1. Introduction Petrich Family Limited Partnership and James R....

PCR Mailbox Rule in Montana: Filing Is Complete Upon Clerk’s Receipt Despite Later Docketing for Fee Waiver

Date: Feb 26, 2026

PCR Mailbox Rule in Montana: Filing Is Complete Upon Clerk’s Receipt Despite Later Docketing for Fee Waiver Introduction In Rodriguez v. State (2026 MT 35N), Juan Anastasio Rodriguez sought...

Circumstantial Evidence Plus Corroborating Urinalysis Can Prove Knowing Possession Without Fingerprints/DNA (Mont. § 45-9-102, MCA)

Date: Feb 26, 2026

Circumstantial Evidence Plus Corroborating Urinalysis Can Prove Knowing Possession Without Fingerprints/DNA (Mont. § 45-9-102, MCA) 1. Introduction State v. Bunse, 2026 MT 36N (Mont. Feb. 24, 2026),...

Sentencing Illegality When a Court Penalizes the Exercise of Jury-Trial and Silence Rights

Date: Feb 26, 2026

Sentencing Illegality When a Court Penalizes the Exercise of Jury-Trial and Silence Rights 1. Introduction State v. Darrin William Matt (2026 MT 31) addresses a recurring constitutional fault line in...

State v. Johnson: Montana Clarifies that Two‑Way Video Testimony Requires Craig Necessity and Reliability—Not Witness Unavailability or Prosecutorial Good Faith

Date: Feb 26, 2026

State v. Johnson: Montana Clarifies that Two‑Way Video Testimony Requires Craig Necessity and Reliability—Not Witness Unavailability or Prosecutorial Good Faith Introduction In State v. Johnson (2026...

State v. Redd: The IAD Does Not Apply Until a Defendant Is “Serving a Term of Imprisonment,” and Pre-Sentence Federal Custody Is Not “Institutional Delay”

Date: Feb 26, 2026

State v. Redd: The IAD Does Not Apply Until a Defendant Is “Serving a Term of Imprisonment,” and Pre-Sentence Federal Custody Is Not “Institutional Delay” Court: Supreme Court of Montana | Date:...

Equitable Distribution in Montana Dissolution: No Mandatory Net-Worth Finding; Dissipation Considered Without Required Offsets

Date: Feb 19, 2026

Equitable Distribution in Montana Dissolution: No Mandatory Net-Worth Finding; Dissipation Considered Without Required Offsets Introduction Marriage of Long & Batista (Mont. Sup. Ct. Feb. 17, 2026)...

Attorney Assurances and Fiduciary Tolling Can Defeat a Rule 12(b)(6) Time-Bar in Criminal-Defense Malpractice; One Amendment as of Course Before a Responsive Pleading

Date: Feb 19, 2026

Attorney Assurances and Fiduciary Tolling Can Defeat a Rule 12(b)(6) Time-Bar in Criminal-Defense Malpractice; One Amendment as of Course Before a Responsive Pleading 1. Introduction In Rex Allen v....

Difolco v. Montana State Hospital: MAPA Judicial Review Limits—Courts May Not Reweigh Evidence and Must Confine Review to the Administrative Record

Date: Feb 18, 2026

MAPA Judicial Review Limits—Courts May Not Reweigh Evidence and Must Confine Review to the Administrative Record Case: Difolco v. MT State Hospital, 2026 MT 26 Court: Supreme Court of Montana Date:...

Unresolved § 46-18-116 Sentence-Modification Motions Do Not Toll Finality or Extend Postconviction Deadlines

Date: Feb 18, 2026

Unresolved § 46-18-116 Sentence-Modification Motions Do Not Toll Finality or Extend Postconviction Deadlines Case: K.B. v. State, 2026 MT 29N (Mont. Feb. 17, 2026) Court: Supreme Court of Montana...

Pretrial Order Waiver: Stipulating to Trial on a Document Bars Later Hearsay Objections; Statutory Damage Cap Issues Deemed Unripe Pending Insurance Coverage

Date: Feb 13, 2026

Pretrial Order Waiver: Stipulating to Trial on a Document Bars Later Hearsay Objections; Statutory Damage Cap Issues Deemed Unripe Pending Insurance Coverage Case: Collins v. Whitefish Housing...

Matter of S.A. and J.P.: Parent Lacks Standing to Press Tribal Guardianship Preference Where ICWA-Termination Findings Are Supported Beyond a Reasonable Doubt

Date: Feb 13, 2026

Parent Lacks Standing to Press Tribal Guardianship Preference Where ICWA-Termination Findings Are Supported Beyond a Reasonable Doubt Introduction Matter of S.A. and J.P., Youths in Need of Care...

Inadmissible Hearsay Text Messages Are Not Harmless When They Bolster the Complainant and Undercut the Defense on Theft Elements and Value

Date: Feb 13, 2026

Inadmissible Hearsay Text Messages Are Not Harmless When They Bolster the Complainant and Undercut the Defense on Theft Elements and Value Case: State v. B. Henderson, 2026 MT 17 (Mont. Feb. 10,...

Atkinson v. Livingston: Montana’s Construction Statute of Repose Applies to Municipal Permitting and Inspection; “Completion” Triggered by Certificate of Substantial Completion

Date: Feb 13, 2026

Atkinson v. Livingston: Montana’s Construction Statute of Repose Applies to Municipal Permitting and Inspection; “Completion” Triggered by Certificate of Substantial Completion 1. Introduction In...

Unpreserved First Amendment As-Applied Challenges to Obstruction Convictions Require Plain-Error Showing; Police May Impose Reasonable Filming Distance Orders

Date: Feb 13, 2026

Unpreserved First Amendment As-Applied Challenges to Obstruction Convictions Require Plain-Error Showing; Police May Impose Reasonable Filming Distance Orders Case: City of Kalispell v. S. Doman,...

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